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HomeMy WebLinkAboutS-1499-M ApplicationIli llllil�lllllflllilllllllll 1111111111 2018010993 PRESENTED:O:-2;-2p1610:19:40AM RECORDED: 02-23-2018 10:25:27 AM In Official Records of Larry Crane Circuit/County Clerk BILL OF ASS&I CO, AR FEE $45.00 And DECLARATION OF RESTRICTIVE COVENANTS The undersigned, DB Development, LLC (the "grantor") being the owner of the following described property of in the City of Little Rock, Pulaski County, Arkansas: LOTS 1 2 3 4 5 6 7 8 9 10 11 12 13 and 14 OF BLOCK 214 OF THE ORIGINAL CITY OF LITTLE ROCK, PULASKI - `"=.. COUNTY, ARKANSAS, AND A 20 FOOT WIDE ALLEY RUNNING NORTH AND SOUTH IN BLOCK 214 NOW CLOSED c: AND ABANDONED BY THE CITY OF LITTLE ROCK, ARKANSAS, IN ORDINANCE NO. 162935, CERTIFIED COPY OF WHICH FILED FOR RECORD DULY 272 1995, AND RECORDED AS INSTRUMENT NO. 95-42697, RECORDS OF PULASKI COUNTY, ARKANSAS; As shown on the plat and hereinafter mentioned, as Lots 1R-14R of Block 214 in the City of Little Rock, Arkansas. Any lot or tract in said Block 214 describing the same by the tract, lot and block number shown on said Plat shall always be deemed a sufficient description thereof. Desiring to protect the buyers and owners of said lands against the undesirable uses of residential property that can detract from or deter the enhancement of the neighborhood, have caused a Plat of said lands, dividing the same into tracts and a street, to be filed for record in as Instrument No. , of the Plat Records of Pulaski County, Arkansas, grantor does hereby cause the following restrictions to be recorded to make said lands more attractive to home buyers and sound for investors � j �.- � 7 � � � o f U The land embraced in said Plat shall forever be known as Block 214 and each and every deed of conveyance for any lot in said subdivision describing the same by the lot number shown on said Plat shall forever be deemed a sufficient description thereof. Said land herein platted, and any interest therein shall be held, owned and conveyed subject to and in conformity with the following covenants, to -wit: 1. AREA OF APPLICATION: These covenants shall apply to those lands designated as: Block 214, Lots 1R 14R, and all easements indicated on the replat filed herein. Page 1 of 7 2. LAND USE AND BUILDING TYPE: No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than a single-family residence not to exceed three stories in height, a private garage, guest house, servant quarters and other out -buildings incidental and related to residential use of the premises; provided, however, nothing herein contained shall be construed to prevent or prohibit an owner of two or more contiguous lots or parts of lots from utilizing the same as a unit for a building site, and in any such instance, the lot lines referred to in Section 5 of the covenants and restrictions shall be exterior extremities of such unit, but in each instance, all minimum set back and area requirements hereinafter set out shall apply to such unit, and compliance's therewith shall be required. I ARCETUCTURAL CONTROL: No building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the grantor as to quality of workmanship, size of dwelling, materials, harmony of external design with existing structures, and as to location within respect to topography and finish grade elevation. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the minimum setback line unless similarly approved. There will be no chain link fences erected. The grantor shall approve all fences and outbuildings constructed. 4. DWELLING SIZE: The ground floor area of the main structure, exclusive of open porches and garages shall not be less than 1,200 square feet heated and cooled for a one-story dwelling, and that a dwelling of more than one story shall contain the minimum aggregate of 1,800 square feet as described above. 5. BUUILDING LOCATION: Building location shall meet City requirements. 6. ACCESS[UTILITY EASEMENTS: Easements for the installation and maintenance of utilities and drainage facilities, ingress and egress through the center alley and area fences are reserved as shown on recorded plat. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which would damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of drainage channels in said easements, or which may obstruct or retard the flow of water through drainage channels in the easement. No parking shall be allowed in any easement nor Page 2 of 7 obstruction, temporary or otherwise, be placed so as to interfere with access, ingress or egress of the alley. 7. LOT AREA: Under no circumstances can any lot be subdivided. However, grantor maintains the right to replat any lots so long as she maintains ownership of at least two lots. 8. N ASANCES: No noxious or offensive activity shall be carried upon any lot nor shall anything be done therein which may be or may become an annoyance or nuisance to the neighborhood. 9. TEMPORARY STRUCTURES: No structure of a temporary character, trailer, basement, tent, shack, garage, barn, storage unit or other outbuilding or above ground swimming pool shall be used upon any lot at any time as a residence, either temporarily or permanently, or for any other purpose. 10. SIGNS: No sign of any kind shall be displayed to the public view on any lot except one professional_ sign of not more than five feet squared, advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and sales period. 11. OIL AND NJJN]NG OPERATIONS: No oil drilling, oil development operations, oil refining, quarry, or mining operations of any kind shall be permitted on the property or in any lot, nor shall oil wells, tanks, tunnels, mineral excavation, or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any lot. 12. LIVESTOCK AND POULTRY: 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, bred, or maintained for any commercial purpose. 13. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All equipment used for the storage or disposal of such material shall be kept in a clean and sanitary condition. The developer however, may maintain an area within the subdivision to be used for storage or concrete washout until all lots have been sold. Garbage/trash/recycling pick up will be from the alley. All trash, garbage and recycling containers shall at all Page 3 of 7 James, Donna From: Boyd Maher <Boyd.Maher@arkansas.gov> Sent: Friday, February 9, 2018 4:34 PM To: Carol Worley Cc: James, Donna Subject: RE: Replat of Block 214 Attachments: Block 214 replat - 2018.pdf Hi Carol — please see the attached file. Have a great weekend! Boyd I. Maher, Executive Director Capitol Zoning District Commission 410 S. Battery St, Little Rock, AR 72201 (501) 324-9644 czde.arkansas_goti From: Carol Worley [mailto:Carol.Worley@wwp-lawfirm.comj Sent: Friday, February 9, 2018 3:51 PM To: Boyd Maher <Boyd.Maher@arkansas.gov> Subject: Replat of Block 214 Boyd, as per our conversation, attached is the proposed replat of Block 214. Please advise if this can be approved at staff level so I can take it to Donna James for approval by the City. Thank you, Worley, Wood & Parrish, P.A. 1318 S. Main, Suite 200 Little Rock, AR 72202 501.225.3535 x 105 (w) 501.580.2326 (c) 501.225.6026 (f) CONFIDENTIALITY NOTICE — Immediately notify the sender if you have received this transmission in error. The e-mail, and any files transmitted with it, may contain PRIVILEGED or CONFIDENTIAL information and is intended solely for the use of the individual or entity to whom it is addressed. This communication may contain material protected by the attorney -client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, distribution, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please, purge it and immediately notify the sender by reply e-mail or contact Worley, Wood & Parrish, P.A. at (501) 225-3535. ■■ ■■ I nn n 11 1, 51 CAPITOL ZONING DISTRICT COMMISSION February 9, 2018 Ms. Carol Worley Worley, Wood & Parrish, P.A. 1318 S. Main, Suite 200 Little Rock, AR 72202 via email: Carol.Wotlgy@3yEp-lawfitTn.com RE: Proposed replat in Block 214 of the Original City of Little Rock Dear Ms. Worley: Thank you for your inquiry regarding the replat of Block 214 of the original City of Little Rock. We have reviewed the proposed replat (attached) and have determined that it will not result in the non- conformity of any proposed new parcels. The proposed replat does not require any variance, waiver, or further review from the Capitol Zoning District Commission. As you know, the Commission has traditionally declined to exercise its authority over the subdivision and platting of land in the Capitol Zoning District. The agency's administrative Rule states in Section 2-104 (C): ... in areas where the Commission has chosen not to exercise its authority, such as platting and subdivision of property, the ordinances of the City of Little Rock are controlling. And in Section 1-102 (D), it states: ... unless specifically dealt with as provisions of this Master Plan, all other regulations, requirements and codes of the city of Little Rock shall continue to be in force in the Capitol Zoning District ... So while our agency does not object to your proposed replat, we must refer you to the City of Little Rock's Department of Planning and Development to obtain final approval. If you have any questions, please feel free to contact me at 324-9644 or bovd.maherCa3,arkansas.gov. 410 S. Battery • Little Rock, Arkansas 72201-4715 • (501) 324-9644 • FAX (501) 324-9631 Yours, X44� a Boyd I. Maher Director cc: Donna James, Subdivision Administrator Little Rock Department of Planning & Development attd: proposed replat in Block 214 of the Original City of Little Rock 410 S. Battery - Little Rock, Arkansas 72201-4715 - (501) 324-9644 - FAX (501) 324-9631 times be kept toward the rear of the lot or inside the garage and shall be screened from view of the street by appropriate landscaping, enclosure or fencing approved by grantor; provided however, that such trash or recycling containers may be moved on collection days to the alley so long as they are returned promptly after the trash or recycling has been collected. Grantor is not liable for any damage to any driveway, structure, landscaping outbuilding or property caused by the trucks associated with garbage/trashlrecycling pickup. 14. MAIL BOXES: The Post Office should be contacted about location of mailbox before construction. Mailboxes location and style shall also be approved by grantor. No mailbox shall be placed as a stand-alone structure. 15. U l L=S: The buyer/owner of any lot shall install and maintain, in conformity with applicable code requirements, all utility services, including, if available, underground electrical, water, cable and telephone service between the point of delivery of such utility service as located by the utility company and the point ofuse of such buyer. No individual water supply system or individual sewerage disposal system shall be permitted to be constructed or operated in any of the lots platted hereby. No television dish, antennae or similar equipment shall be installed on any of the lots platted hereby without the prior written consent of the owner and developer. 16. ARCH STREET RETA gING WALL: Lots 8R-14R have a retaining wall and steps to their property within the utility easement. The owner of each of these respective lots is solely responsible for upkeep of their portion of the wall and steps, including any damage thereto, using like material and in similar manner to the remaining wall and stairs. To the extent any owner or its occupant or any of their respective agents, guests or invitees damage or destroy any part of the wall, then the owner of such lot shall promptly cause, at his or her sole cost and expense, such damage to be repaired and/or replaced with like material and in like manner. 17. DRWEWAYS and ALLEY ACCESS: All access to residences shall be through the 20' access alley easement indicated on the replat. All driveways or other paved areas intended for vehicular use situated on any lot or accessed through the alley shall be surfaced with such materials as are approved by the grantor. All owners are liable for maintaining their driveway located on their lot. All personal property of an owner shall be stored within the improvements on a lot. No vehicle shall be parked in such a manner as to block or obstruct the alley easement in any way. Page 4 of 7 18. ALLEY: Block 214 shall have rear access to all parcels through the common alley easement which provides ingress and egress to the parcels. The alley shall not be utilized for the parking or storage of any vehicle or other personal property. To the extent any owner or its occupant or any of their respective agents, guests or invitees damage or destroy any part of the alley easement, then the owner of such lot shall promptly cause, at his or her sole cost and expense, such damage including any curbing to be repaired and/or replaced. 19. PARKING AND STORAGE OF MOTOR HOMES DR OTHER VEHICLES: No motor home, camper trailer, motorcycle, travel trailer, bus, utility trailer or trailer of any kind, boat or boat trailer or other watercraft, ATV, motorized go-carts, lawn mowers, tractors, tools, construction machinery or equipment, nonfunctionmg vehicle or other personal property shall be permitted to be parked or stored in the alley, on any easement or allowed to remain upon any lot unless same is parked or stored and remains in a fully enclosed stall of the garage. 20. TERMS: These Covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty five (25) years from the date these covenants are recorded, after which time, said covenants shall be automatically extended for successive periods of ten years. This Bill of Assurance may be amended or terminated at any time from the date hereof by the unanimous written agreement of 80% of the lots subject to this Agreement. Grantor reserves the right to modify or amend this Bill of Assurance or amend the replat so long as she has ownership of at least two lots. The parties are mindful of the decision in Rausch Coleman Homes, LLC v Brech, Ark. App. 225 (the "Decision") and do not wish for the Decision to limit the ability of the parties to amend this Bill Assurance at any time and from time -to -time. 21. ENFORCEMENT: The restrictions, covenants and provisions herein set forth shall run with the lots platted hereby and shall bind grantor, their heirs, successors and assigns and any person, natural or artificial, hereinafter owning any of the lots platted hereby. The grantor, developer and any future owner of any of the lots platted hereby shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach or to enforce the observance of, the restrictions set forth herein, in addition to any ordinary legal action for damages. Failure of the grantor, owner, developer, or future owner of any of the lots platted herein to enforce any of the restrictions set forth herein at the time of its violation shall not be deemed a waiver of the right to do so thereafter. Enforcement may be by proceedings at law Page 5 of 7 or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages. Owners expressly agree to abide by injunctions without necessity of bond in order to simplify judicial proceedings to remedy covenant violations. In addition, if a judicial action is necessary to prohibit a covenant violation, and a violation is established the violator(s) shall pay and agree(s) to pay all cost of the enforcement proceeding, including all attorneys' fees, trial and pretrial expenses, including expert costs and fees, deposition costs and fees, discovery costs and fees, and all other court costs. 22. YARDS AND LANDSCAPING: Landscaping shall be installed within 90 days of completion of the residence. The entire yard shall be sodded grass or landscaped. 23. SIDEWALKS: If required by the City, the buyer/owner of any lot shall install sidewalks on the purchased lot in accordance with the specifications as set forth by the City of Little Rock. If the City requires the developer or grantor to install sidewalks the buyer/owner shall reimburse the developer or grantor for all costs associated therewith including, but not limited to cost of construction, attorneys' fees and costs. 24. SEVERABILITY: Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. WITNESS our hands and seals this day of February 2018. Owner: D Development, LLC By: Cassie Toro, Sole Member Page 6 of 7 P'n-1r-.% 3 o* fx inau,,`on of Minim= stands required t-y Me City of t5tiie Roa subdiviz'on reguiaMm- si=1 r,t rsm-any: p minions est: u:.snad byt* d74zpar -my ex-,LAv.� minIMU.^1 tI QUI NIP4 of ft svwvision and zoning ordinanoss. City of " Nanning Corsunissian ACKNOWLEDGEMENT STATE OF ARKANSAS COUNTY OF PULASKI On this 23r� day of February, 2018, before me a Notary Public, duly Commissioned, qualified and acting, within and for the County and State appeared in person the within named and to me personally well known, who stated that she is fully authorized in his respective capacity to execute the foregoing instrument further stated and acknowledge that she 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 23 day of February 2018. l NATA9MBAM PUW1Q C0UM1y NOTARYPusuo-ARKAN3Ag M9 �asi0n EXWM June 17, 20M aW nii58 - No.12M104 My commission expires 1-7 , 2-6 2-C Page 7 of 7 III I III I 1111111111111111111111111111111111 2018010993 PRESENTED: 0:-23 _-018 10:19:40AM RECORDED: 02-23-201810 25:27 AM In Official Records of Larry Crane Circuit/County Clerk BILL OF ASSURAW&I CO, AR FEE $45.00 And DECLARATION OF RESTRICTIVE COVENANTS The undersigned, DB Development, LLC (the "grantor") being the owner of the following described property of in the City of Little Rock, Pulaski County, Arkansas: LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 OF BLOCK 214 OF THE ORIGINAL CITY OF LITTLE ROCK, PULASKI COUNTY ARKANSAS AND A 20 FOOT WIDE ALLEY RUNNING NORTH AND SOUTH IN BLOCK 214, NOW CLOSED AND ABANDONED BY THE CITY OF LITTLE ROCK, -9�rs •,z=�;� ARKANSAS, IN ORDINANCE NO. 16,935, CERTIFIED COPY OF frrrnr:r't WHICH FILED FOR RECORD JULY 27, 1995, AND RECORDED AS INSTRUMENT NO. 95-42697, RECORDS OF PULASKI COUNTY, ARKANSAS; As shown on the plat and hereinafter mentioned, as Lots 1R 14R of Block 214 in the City of Little Rock, Arkansas. Any lot or tract in said Block 214 describing the same by the tract, lot and block number shown on said Plat shall always be deemed a sufficient description thereof. Desiring to protect the buyers and owners of said lands against the undesirable uses of residential property that can detract from or deter the enhancement of the neighborhood, have caused a Plat of said lands, dividing the same into tracts and a street, to be filed for record in as Instrument No. , of the Plat Records of Pulaski County, Arkansas, grantor does hereby cause the following restrictions to be recorded to make said lands more attractive to home buyers and sound for investors-pto- �46,� j? 6 f 0 rc y The land embraced in said Plat shall forever be known as Block 214 and each and every deed of conveyance for any lot in said subdivision describing the same by the lot number shown on said Plat shall forever be deemed a sufficient description thereof. Said land herein platted, and any interest therein shall be held, owned and conveyed subject to and in conformity with the following covenants, to -wit: 1. AREA OF APPLICATION: These covenants shall apply to those lands designated as: Block 214, Lots 1R 14R, and all easements indicated on the replat filed herein. Page 1 of 7 2. LAND USE AND BUILDING TYPE: No lot shall be used except for residential purposes. No building shall be erected., altered, placed, or permitted to remain on any lot other than a single-family residence not to exceed three stories in height, a private garage, guest house, servant quarters and other out -buildings incidental and related to residential use of the premises; provided, however, nothing herein contained shall be construed to prevent or prohibit an owner of two or more contiguous lots or parts of lots from utilizing the same as a unit for a building site, and in any such instance, the lot lines referred to in Section 5 of the covenants and restrictions shall be exterior extremities of such unit, but in each instance, all minimum set back and area requirements hereinafter set out shall apply to such unit, and compliance's therewith shall be required. 3. .ARCHITECTURAL CGNTRGL: No building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the grantor as to quality of workmanship, size of dwelling, materials, harmony of external design with existing structures, and as to location within respect to topography and finish grade elevation. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the minimum setback line unless similarly approved. There will be no chain link fences erected. The grantor shall approve all fences and outbuildings constructed. 4. DWELLING SIZE: The ground floor area of the main structure, exclusive of open porches and garages shall not be less than 1,200 square feet heated and cooled for a one-story dwelling, and that a dwelling of more than one story shall contain the minimum aggregate of 1,800 square feet as described above. 5. BUILDING LOCATION: Building location shall meet City requirements. 6. ACCESSIUTILffY EASEMENTS: Easements for the installation and maintenance of utilities and drainage facilities, ingress and egress through the center alley and area fences are reserved as shown on recorded plat. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which would damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of drainage channels in said easements, or which may obstruct or retard the flow of water through drainage channels in the easement. No parking shall be allowed in any easement nor Page 2of7 obstruction, temporary or otherwise, be placed so as to interfere with access, ingress or egress of the alley. 7. LOT AREA: Under no circumstances can any lot be subdivided. However, grantor maintains the right to replat any lots so long as she maintains ownership of at least two lots. 8. NUI SANCES: No noxious or offensive activity shall be carried upon any lot nor shall anything be done therein which may be or may become an annoyance or nuisance to the neighborhood. 9. TEMPORARY STRUCTURES: No structure of a temporary character, trailer, basement, tent, shack, garage, barn, storage unit or other outbuilding or above ground swimming pool shall be used upon any lot at any time as a residence, either temporarily or permanently, or for any other purpose. 10. SIB No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than five feet squared, advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and sales period. 11. O L AND 1VWN NG OPERA'ITGNS: No oil drilling, oil development operations, oil refining, quarry, or mining operations of any kind shall be permitted on the property or in any lot, nor shall oil wells, tanks, tunnels, mineral excavation, or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any lot. 12. LIVESTOCK AND POULTRY: 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, bred, or maintained for any commercial purpose. 13. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All equipment used for the storage or disposal of such material shall be kept in a clean and sanitary condition. The developer however, may maintain an area within the subdivision to be used for storage or concrete washout until all lots have been sold. Garbage/trash/recycling pick up will be from the alley. All trash, garbage and recycling containers shall at all Page 3 of 7 times be kept toward the rear of the lot or inside the garage and shall be screened from view of the street by appropriate landscaping, enclosure or fencing approved by grantor; provided'however, that such trash or recycling containers may be moved on collection days to the alley so long as they are returned promptly after the trash or recycling has been collected. Grantor is not liable for any damage to any driveway, structure, landscaping outbuilding or property caused by the trucks associated with garbage/trash/recycling pickup. 14. HAM BOXES: The Post Office should be contacted about location of mailbox before construction. Mailboxes location and style shall also be approved by grantor. No mailbox shall be placed as a stand-alone structure. 15. U'I`II.,TMS: The buyer/owner of any lot shall install and maintain, in conformity with applicable code requirements, all utility services, including, if available, underground electrical, 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 buyer. No individual water supply system or individual sewerage disposal system shall be permitted to be constructed or operated in any of the lots platted hereby. No television dish, antennae or similar equipment shall be installed on any of the lots platted hereby without the prior written consent of the owner and developer. 16. ARCH STREET RETAPUNG WALL: Lots 8R 14R have a retaining wall and steps to their property within the utility easement. The owner of each of these respective lots is solely responsible for upkeep of their portion of the wall and steps, including any damage thereto, using like material and in similar manner to the remaining wall and stairs. To the extent any owner or its occupant or any of their respective agents, guests or invitees damage or destroy any part of the wall, then the owner of such lot shall promptly cause, at his or her sole cost and expense, such damage to be repaired and/or replaced with like material and in like manner. 17. DRIVEWAYS and ALLEY ACCESS: All access to residences shall be through the 20' access alley easement indicated on the replat. All driveways or other paved areas intended for vehicular use situated on any lot or accessed through _the alley shall be surfaced with such materials as are approved by the grantor. All owners are liable for maintaining their driveway located on their lot. All personal property of an owner shall be stored within the improvements on a lot. No vehicle shall be parked in such a manner as to block or obstruct the alley easement in any way. Page 4 of 7 18. ALLEY: Block 214 shall have rear access to all parcels through the common alley easement which provides ingress and egress to the parcels. The alley shall not be utilized for the parking or storage of any vehicle or other personal property. To the extent any owner or its occupant or any of their respective agents, guests or invitees damage or destroy any part of the alley easement, then the owner of such lot shall promptly cause, at his or her sole cost and expense, such damage including any curbing to be repaired and/or replaced. 19. PARIUNG AND STORAGE OF MOTOR. HOMES DR OTHER. VEHICLES: No motor home, camper trailer, motorcycle, travel trailer, bus, utility trailer or trailer of any kind, boat or boat trailer or other watercraft, ATV, motorized go-carts, lawn mowers, tractors, tools, construction machinery or equipment, nonfunctioning vehicle or other personal property shall be permitted to be parked or stored in the alley, on any easement or allowed to remain upon any lot unless same is parked or stored and remains in a fully enclosed stall of the garage. 20. �RMWO These Covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period oftwenty five (25) years from the date these covenants are recorded, after which time, said covenants shall be automatically extended for successive periods of ten years. This Bill of Assurance may be amended or terminated at any time from the date hereof by the unanimous written agreement of 80% of the lots subject to this Agreement. Grantor reserves the right to modify or amend this Bill of Assurance or amend the replat so long as she has ownership of at least two lots. The parties are mindful of the decision in Rausch Coleman Homes, LLC v. Brech, Ark. App. 225 (the "Decision") and do not wish for the Decision to limit the ability of the parties to amend this Bill Assurance at any time and from time -to -time. 21. ENFORCEMENT: The restrictions, covenants and provisions herein set forth shall run with the lots platted hereby and shall bind grantor, their heirs, successors and assigns and any person, natural or artificial, hereinafter owning any of the lots platted hereby. The grantor, developer and any future owner of any of the lots platted hereby shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach or to enforce the observance of, the restrictions set forth herein, in addition to any ordinary legal action for damages. Failure of the grantor, owner, developer, or future owner of any of the lots platted herein to enforce any of the restrictions set forth herein at the time of its violation shall not be deemed a waiver of the right to do so thereafter. Enforcement may be by proceedings at law Page 5 of 7 or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages. Owners expressly agree to abide by injunctions without necessity of bond in order to simplify judicial proceedings to remedy covenant violations. In addition, if a judicial action is necessary to prohibit a covenant violation, and a violation is established the violator(s) shall pay and agree(s) to pay all cost of the enforcement proceeding, including all attorneys' fees, trial and pretrial expenses, including expert costs and fees, deposition costs and fees, discovery costs and fees, and all other court costs. 22. yARDS AND LANDSCAPWG: Landscaping shall be installed within 90 days of completion of the residence. The entire yard shall be sodded grass or landscaped. 23. SIDEWALKS: If required by the City, the buyer/owner of any lot shall install sidewalks on the purchased lot in accordance with the specifications as set forth by the City of Little Rock. If the City requires the developer or grantor to install sidewalks the buyer/owner shall reimburse the developer or grantor for all costs associated therewith including, but not limited to cost of construction, attorneys' fees and costs. 24. SEVERABILITY: Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in fiil1 force and effect. WITNESS our hands and seals this day of February 2018. Owner: D Development, LLC By: Cassie Toro, Sole Member Page 6 of 7 p,ft1tA0;S only f.x inzaulm ct minim►= s+-ndW* r"ked ty the City of UtVe Rock subd::vision ragufat OM Bill of Tsm'arrr: Mrjisions es ,shed bf'le a�'oper .nay e7;H;ca animum Tagulafio: s of tho 5[ bLhision and zoriinq ordination. City of ' le ! fanning Conunission ACKNOWLEDGEMENT STATE OF ARKANSAS COUNTY OF PULASKI On this Z34 day of February, 2018, before me a Notary Public, duly Commissioned, qualified and acting, within and for the County and State appeared in person the within named and to me personally well known, who stated that she is fully authorized in his respective capacity to execute the foregoing instrument further stated and acknowledge that she 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 7-3 e-cl day of February 2018. Emi;] TES UNTY RKANSAS Notary Public MY ssionExpires No. June 17, zoz6 2898f 04. My commission expires 1-7, 2-0 24 Page 7 of 7 o❑ CAPITOL ZONING DISTRICT COMMISSION March 26, 2021 LaSonya M. Morris City of Little Rock I Planning and Development 723 W. Markham Street Little Rock, AR 72201 501-371-6821 Dear Ms. Morris: Asa Hutchinson Governor This letter is in response to an inquiry regarding lot setback on Block 214, between Arch and Gaines Streets (east and west) and 15`' and 16`h Streets (north and south). Capitol Zoning District Commission Rules and Master Plan (Article 3, Section 3-201, Z15) states that: The Commission, with review, may reduce a required setback by 25% in cases where a lot is smaller than what is typical for the Area... Therefore, the default setback in the area is 25 feet, but our Commission may approve a reduction to 18 3/4 feet on a case -by -case basis. In 2018, lots at 1501 (14R) and 1503 (13R) South Arch Street were approved for a 18 3/4 foot front setback, but since construction was not begun within a year of the issuance of those permits, they expired. Most recently, in March of 2021, lots 5R and 6R along Gaines Street on the same block were approved for 18 3/4 foot front setbacks. These were for new construction applications submitted by Kenneth Hayes. Currently, those are the only lots with approved reduced setbacks. However, all the lots on the block are eligible for the lower setback with review by the Commission. Please contact me if you have any further questions regarding this matter. Sincerely, David Collins Interim Executive Director Capitol Zoning District Commission 1100 North Street • Little Rock, AR 72201 • 501.324.9644 Czdc.Arkansas.gov Stacy Hurst Secretary ¢o CAPITOL ZONING DISTRICT COMMISSION Asa Hutchinson Governor Stacy Hurst Secretary March 26, 2021 LaSonya M. Morris City of Little Rock I Planning and Development 723 W. Markham Street Little Rock, AR 72201 501-371-6821 Dear Ms. Morris: This letter is in response to an inquiry regarding lot setback on Block 214, between Arch and Gaines Streets (east and west) and 15`' and 16' Streets (north and south). Capitol Zoning District Commission Rules and Master Plan (Article 3, Section 3-201, Z15) states that: The Commission, with review, may reduce a required setback by 25% in cases where a lot is smaller than what is �jpical for the Area... Therefore, the default setback in the area is 25 feet, but our Commission may approve a reduction to 18 3/4 feet on a case -by -case basis. In 2018, lots at 1501 (14R) and 1503 (13R) South Arch Street were approved for a 18 3/4 foot front setback, but since construction was not begun within a year of the issuance of those permits, they expired. Most recently, in March of 2021, lots 5R and 6R along Gaines Street on the same block were approved for 18 3/4 foot front setbacks. These were for new construction applications submitted by Kenneth Hayes. Currently, those are the only lots with approved reduced setbacks. However, all the lots on the block are eligible for the lower setback with review by the Commission. Please contact me if you have any further questions regarding this matter. Sincerely, David Collins Interim Executive Director Capitol Zoning District Commission 1100 North Street • Little Rock, AR 72201 • 501.324.9644 Czdc.Arkansas.gov —i Is -zc CD James, Donna From: Hogue, John Sent: Thursday, March 16, 2017 1:27 PM To: Floriani, Vince Cc: Rhodes, Tony; James, Donna Subject: Re: Plat Approval-Lots1 R-16R, Tract A Original City We have reviewed and approved the plat . Sent from my iPhone On Mar 16, 2017, at 10:21 AM, Floriani, Vince <VFloriani@littierock. ©v> wrote: Gentlemen, The replat is provided to you for review and approval. The access/utility easement will be used as a private alley to access the rear of proposed patio homes on this property. Please let Donna James and I know if you are OK with the plat. We need a response from you by end of the day on Monday, March 20, 2017. If you have any questions, please let me know. Thanks, Vince Floriani, P.E. Little Rock Public Works -Civil Engineering 701 W. Markham St. Little Rock, Arkansas 72201 501-371-4817 From: Tamara Guffey [mailtotguft0d whitpdaters.com] Sent: Monday, March 13, 2017 9:16 AM To: Jason Lowder (Jason. LowderAcarkw.com); Vincent Hotho Steven. Hothoglrwu.com; THOMPSON, THEODIS; 'MANION, JOSEPH E im4138@att.com'; Bates, Joni B. Cc: James, Donna; Floriani, Vince; Harper, Vance; Timothy Daters Subject: Plat Approval-Lots1R-16R, Tract A Original City Attached is a plat copy of Lots 1R-16R, Tract A, Original City, Pulaski County. The owner of this property would like to file it in the next few days. Could you please review it and provide approval comments by this Thursday, March 16tn. Any questions may be directed to Joe White at (501) 821-1667 or tdaters@whitedaters.com. Thank you for your quick response. Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 <Block 214 Replat.PDF> James, Donna From: Boyd Maher <Boyd.Maher@arkansas.gov> Sent: Friday, March 10, 2017 11:47 AM To: Timothy Daters Cc: James, Donna Subject: RE: Block 214 Original City - Replat Attachments: Block 214 replat.pdf Hi Tim — everything looks good from this end. Please see the attached file. Have a great weekend! Boyd I. Maher, Executive Director Capitol Zoning District Commission 410 S. Battery St, Little Rock, AR 72201 (501) 324-9644 czdc.arkansas.gav- From: Timothy Daters [mailto:tdaters@whitedaters.com] Sent: Wednesday, March 8, 2017 4:34 PM To: Boyd Maher <Boyd.Maher@arkansas.gov> Cc: Tamara Guffey <tguffey@whited ate rs.com> Subject: Block 214 Original City - Replat Boyd, Attached is a revised copy of the replat we discussed last month. We have removed the building setback lines from the plat. Please let me know if you have any questions. If you would like one or more full size originals for your file, please let me know and we will have them delievered. Thank you for your assistance. Tim Tamara, Would you please circulate this plat to the utilities for their sign -off? Thanks Tim Timothy E Daters, PE President White-Daters & Associates 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 M: (501) 580-5694 1 E: tdaters@whitedaters.com nnnnr�v CAPITOL ZONING DISTRICT COMMISSION March 9, 2017 Mr. Timothy Daters, PE White-Daters & Associates 24 Rahling Circle Little Rock, AR 72223 via email: tdaters@.whitedaters.com RE: Proposed replat in Block 214 of the Original City of Little Rock Dear Mr. Daters: Thank you for your inquiry regarding the replat of Block 214 of the original City of Little Rock. We have reviewed the proposed replat (attached) and have determined that it will not result in the non- conformity of any proposed new parcels. The proposed replat does not require any variance, waiver, or further review from the Capitol Zoning District Commission. As you know, the Commission has traditionally declined to exercise its authority over the subdivision and platting of land in the Capitol Zoning District. The agency's administrative Rule states in Section 2-104 (C): ... in areas where the Commission has chosen not to exercise its authority, such as platting and subdivision of property, the ordinances of the City of Little Rock are controlling. And again in Section 2-111, it states: ... unless specifically dealt with as provisions of this Master Plan, all other regulations, requirements and codes of the city of Little Rock shall continue to be in force in the Capitol Zoning District So while our agency does not object to your proposed replat, we must refer you to the City of Little Rock's Department of Planning and Development to obtain final approval. 410 S. Battery • Little Rock, Arkansas 72201-4715 • (501) 324-9644 • FAX (501) 324-9631 If you have any questions, please feel free to contact me at 324-9644 or bPyd.maherQarkansas.gov. Yours, I Boyd I. Maher Director cc: Donna James, Subdivision Administrator Little Rock Department of Planning & Development attd: proposed replat in Block 214 of the Original City of Little Rock 410 S. Battery • Little Rock, Arkansas 72201-4715 9 (501) 324-9644 • FAX (501) 324-9631 goo¢ �W€ m �two=oa biid` ��mpwa �g W=�W€ �� Id �Sw<na �iTV! R 4 aem�e �w`nw�yj ws wsn sw o _ nauaLi a 1 p1. ia R so �VW 10. waw�s tt 6111, Mr0a R w (M/g .09, ,aa o01.60 s a x a d' � � p F C r `� ~U Z' Mny FF U I-1 W OHO N0. N wa Oa Qi � �m� z! < a�I U 3 V Z zz z z o O � m � F Go m co aoc� s .00'00£ 3 .L�.81.dp N '09' 'yS S$tJIB� S nlsla � z z.z s o C6, - James, Donna From: Tamara Guffey <tguffey@whitedaters.com> Sent: Monday, March 13, 2017 9:16 AM To: Jason Lowder (Jason. Lowder@carkw.com); Vincent Hotho Steven. Hotho@Irwu.com; THOMPSON, THEODIS; 'MANION, JOSEPH Ejm4138@att.com'; Bates, Joni B. Cc: James, Donna; Floriani, Vince; Harper, Vance; Timothy Daters Subject: Plat Approval-Lots1 R-16R, Tract A Original City Attachments: Block 214 Replat.PDF Attached is a plat copy of Lots 1R-16R, Tract A, Original City, Pulaski County. The owner of this property would like to file it in the next few days. Could you please review it and provide approval comments by this Thursday, March 16tn. Any questions may be directed to Joe White at (501) 821-1667 or tdaters@whitedaters.com. Thank you for your quick response. Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668