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HomeMy WebLinkAboutS-1505 ApplicationCity of Little Rock Planning and Development Filing Fees Date: �' �- , 20 l✓ 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 Number at Public Hearing Signs Number at _ea. Total File No. ea. BILL OF ASSURANCE MacArthur Place neighborhood in the ORIGINAL CITY OF LITTLE TO: THE PUBLIC KNOW ALL ME BY THESE PRESENT R©OK/2ba5 n :17.27 API eu � ;lacuna ed in fticial Records of PAl 018RI'EN PULASKI. COUNTY C1Rt,U!T/c0UN[Y CLERK rees $32.00 That whereas, Charles A. and Tina C. Boyd, hereinafter called "Developers" are the owners of the following property: The S %of Lot 4 and the N Yz of Lot 5, Block 41, and the West 10 feet of alley closed by Ordinance No, 12,745 lying next to lots, and the N'/: of Lot 8 and all of Lot 9, Block 41, and the east 10 feet of alley closed by Ordinance No. 12,745 lying next to lots, ORIGINAL CITY OF LITTLE ROCK, Pulaski County, Arkansas, Shown on the plat, hereinafter mentioned, as Lots 1-3, MacArthur Place, ORIGINAL CITY OF LITTLE ROCK, Arkansas. Whereas, it is deemed advisable that all of the property shown on the plat hereinafter mentioned, be subdivided into building lots as shown on the plat filed herewith, and that said property be held, owned and conveyed subject to the protective covenants herein contained, in order to enhance the value of the MacArthur Place neighborhood. Now therefore, Developers, have caused the said tract of land to be surveyed by Donald W. Brooks, Professional Registered Land Surveyor and a plat thereof made which is identified by the title of Lots 1, 2 and 3, Charles and Tina Boyd Replat of the S'/2 of Lot 4 and the N '/2 of Lot 5, Block 41, and the West 10 feet of alley closed by Ordinance No, 12,745 lying next to lots, and the N'/2 of Lot 8 and all of Lot 9, Block 41, and the east 10 feet of alley closed by Ordinance No. 12,745 lying next to lots, ORIGINAL CITY OF LITTLE ROCK, Pulaski County, Arkansas. By the signature of the said surveyor and the said developers and bears a Certificate of Approval executed by the Little Rock P[an ni Commission and is on record in the Office of Circuit Clerk and ex•officio Recorder of Pulaski County, Arkansas in Plat Book Page and the developers do hereby make this Bill of Assurance. T e Developers do hereby certify that they platted said real estate in accordance with said Plat. The lands embraced in said plat shall be forever known as designated on said plat and every deed of conveyance for said property shall use this designation. The building lines are as shown on the plat and no building shall be built closer to the property lines than shown. The Access and Utility Easement is for use for the properties hereon. All building lines and easements shown were approved by the City of Little Rock, Case No. Z-7879. There are shown on said plat certain easement for property access which the Developers hereby donate and dedicate to and for the use of lot owner access, the same being, without limiting the generality of the foregoing, all lot'owners with the right hereby granted to the persons, firms or corporations fo use and occupy such easements, and to have free ingress and egress therefrom. The filing of this Bill of Assurance and Plat for record in .the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the Access and Utility Easements subject to the limitations herein set out. The lands embraced in the Plat shall be forever known as "Lots 1-3, MacArthur Place, ORIGINAL CITY OF LITTLE ROCK, Arkansas" and any and every deed of conveyance of any lot in the MacArthur Place neighborhood describing the same be the number shown on said Plat shall always be deemed a sufficient description thereof, WITNESS, my hand this `� 1114 day of ! eC fIb cr' , 2005. Tina C. Boyd UCharles A. Boyd ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI BE IT REMEMBERED that on this day came before me a Notary Public within and for the County and State aforesaid, the above signed that we, Charles A. Boyd and Tina C. Boyd have signed the foregoing Bill of Assurance. My commission expires: R-1--20k0 Page 1 of 5 0 p F T HF �'''�yr o ��d •.a 44ANSAS - �. 4zt 4 L.a•``�' ,,t ktq l 5l i lit fly,.► NQTAR ` PUBL1t J • t — 2 A ,� A# CollN' ,110yel1f 11114ttt-'. DECLARATION OF COVENANTS AND RESTRICTIONS MacArthur Place neighborhood in the ORIGINAL CITY OF LITTLE ROCK This Declaration, made this 9ih day of September 2005, Charles A. and Tina C. Boyd, hereinafter called "Developers". WHEREAS, Developers are the owners of the real property described as the S'/2 of Lot 4 and the N'/: of Lot 5, Block 41, and the West 10 feet of alley closed by Ordinance No. 12,745 lying next to lots, and the N'I: of Lot 8 and all of Lot 9, Block 41, and the east 10 feet of alley closed by Ordinance No. 12,745 iying next to lots, ORIGINAL CITY OF LITTLE ROCK, Pulaski County, Arkansas, and shown on the plat as Lots 1-3 (hereafter `The Property') and desires to create a community which shall be known as'MacAdhur Place WHEREAS, Developer desires to provide for the preservation of the values and amenities in MacArthur Place, for the maintenance of the access/utility easements and for the landscape of accesslutility easements; and to this end, desires to subject the Property to these covenants, restrictions, easements, charges and liens, each of which is for the benefit of the Property and each Owner, and NOW THEREFORE, the Developer declares that the Property is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens herein set forth: ARTICLE I DEFINITIONS The following words when used in this Declaration or any supplemental Declaration (unless the context shall indicate a contrary intention) shall have the following meanings: 1. "MacArthur Place` or'Development" shall'mean the neighborhood in the ORIGINAL CITY OF LITTLE ROCK, Pulaski County, Arkansas including the Property brought within This Declaration. 2. 'The Property" shall mean and refer to that property described as the 5 A of Lot 4 and the N'I: of Lot 5, Block 41, and the West 10 feet of alley closed by Ordinance No. 12,745 lying next to lots, and the N % of Lot 8 and all of Lot 9, Block 41, and the east 10 feet of alley closed by Ordinance No. 12,745 lying next to lots, ORIGINAL CITY OF LITTLE ROCK, Pulaski County, Arkansas which is subject to the Declaration or any supplements thereto. 3. "Declaration" or'Covenants and Restrictions" shall mean this Declaration of Covenants and Restrictions, together with any and all supplements and amendments thereto. 4. "Site" shall mean and refer to any platted lot within the Property which may be purchased by any person or owned by the Developer. 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Site which is a part of the Property, but excluding those having such interest merely as security for the performance of any obligation. 6. "Declarant' or 'Developer shall mean Charles A. and Tina C. Boyd, their successors and assigns. 7. "Access and Utility Easement(s)" shall mean the areas (as noted on the Plat) directly behind each garage and the north 19 of lot 1, MacArthur Place (north 19' of Lot 9, Block 41, ORIGINAL CITY OF LITTLE ROCK, Pulaski County, Arkansas) shall be designated as Access and Utility Easement. This area provides access to all three homes in the MacArthur Place development. This Access and Utility Easement belongs to the individual property owners of MacArthur Place, but are subject to restrictions. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION 1. The real property which is, and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in the ORIGINAL CITY OF LITTLE ROCK, County of Pulaski, State of Arkansas, and is more particularly described on the Plat all of which property shall be referred to as "The Property'. 2. Any property which is now or hereafter made subject to these Covenants and Restrictions may also be made subject to any additional restrictions as may be contained in a bill of assurance, deed or instrument filed by Developers. ARTICLE III COVENANT FOR ACCESS AND UTILITY EASEMENTS AND MAINTENANCE ASSESSMENTS As noted on the Plat, the areas directly behind each garage and the north 19' of lot 1, MacArthur Place (north 19' of Lot 9, Block 41, ORIGINAL CITY OF LITTLE ROCK, Pulaski County, Arkansas) shall be designated as access and utility easement. This area provides access to all three homes in the MacArthur Place neighborhood and shall not be restricted by any property owner at any time. These Access and Utility Easements belong to the individual property owner, but are subject to restrictions as set forth in this Bill of Assurance and Declaration of Covenants and Restrictions. Improvements required in the Access and Utility Easements shall be paid for by all three Property Owners in the MacArthur Place neighborhood. Two Property Owners are required to vote on the needed improvements, but all Property Owners shall share in the cost of the improvements. Examples of improvements requiring approval are driveway maintenance, driveway replacement, fence replacement, and landscape additions or replacements. Other improvements may be submitted for approval. Creation of a Lien and Personal Obligation of Assessment and S eclat. Declarant for each Site owned within the Property shall be deemed to covenant and agree, and each Owner of any Site by acceptance of a deed shall be deemed to covenant and agree, to pay special assessments together with interest and costs of collection, if any which amounts shall be a charge on the land and shall be a continuing lien upon the Site. it any Owner fails to pay any assessment when due, then the other Property Owners may add to the principal amount due interest at a rate not to exceed the maximum rate allowed by law and costs of collection, including a reasonable attomey's fee, whether or not suit is brought. Each assessment, together with interest, cost of collection and reasonable attorney's fees, if any shall also be the personal obligation of the Owner of the Site at the time when the assessment or special assessment fell due. The personal obligation for all delinquent assessments or special assessments shall not pass to an Owner's successors in title unless expressly assumed by them. Page 2 of 5 The lien for assessments and special assessments shall be subject to and subordinate to the lien of any recorded first mortgage or Deed of Trust. No Owner may waive or otherwise exempt himself from liability for Assessments by non-use of the Access/Utility Easement or abandonment of his Site. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. ARTICLE IV MAINTENANCE AND SAFETY SECTION 1. 1. Duty of M intenance — individual Prooerty Owner. Owners and occupants (including lessees) of any part of the Property shall jointly and severally have the duty and responsibility, at their sole cost and expense, to keep that part of the Property so owned or occupied, including buildings, fences and grounds in a well -maintained, safe, clean and attractive condition at all times. Maintenance includes, but is not limited to, the following; a) Prompt removal of all litter, trash, refuse, and waste. b) Lawn mowing. c) Tree and shrub pruning. d) Watering, e) Keeping exterior lighting and mechanical facilities in working order. f) Keeping lawn and garden areas alive, free of weeds, and attractive. g) Complying with all governmental health and police requirements. h) Repainting of improvements, i) Repair of exterior damages to improvements. j) Installation of motion light to light Access and Utility Easement adjacent to Owners property. 2. 0 uty of Maintenance — Shared by All Three Priopeny Owners. As noted on the Plat, the areas directly behind each garage and the north 19' of lot 1, MacArthur Place (north 19' of Lot 9, Block 41, ORIGINAL CITY OF LITTLE ROCK, Pulaski County, Arkansas) shall be designated as Access and Utility Easement. This area provides access to all three homes in the MacArthur Place. These Access and Utility Easements belong to the individual property owners of MacArthur Place, but are subject to restrictions as set forth in the Bill of Assurance. Improvements or repairs required in the Access and Utility Easement shall be paid for by all three Property Owners in the MacArthur Place neighborhood. Two Property Owners (one vote per lot) are required to vote on the needed improvements or repairs, but all Property Owners shall share equally in the cost of the improvements. Examples of improvements requiring approval are driveway and parking area maintenance, driveway and parking area replacement, fence replacement or painting, and landscape additions or replacements. Other improvements may be submitted for approval. The cost of the improvements or repairs shall become an individual assessment payable by the responsible Owner per Article III (COVENANT FOR MAINTENANCE ASSESSMENTS). SECTION 2. Damage or Destruction to Access and Utility Easements. If any Owner or any of his guests, tenants, licensees, agents, employees or members of his family, damages any of the Access and Utility Easements as a result of negligence or misuse, the Owner shall bear the responsibility of the cost of repair to the Access and Utility Easement. The cost of repair shall become an individual assessment payable by the responsible Owner per Article III (COVENANT FOR MAINTENANCE ASSESSMENTS). SECTION 3. Enforcement. If, in the opinion of two Property Owners (one vote per lot) in the MacArthur Place neighborhood, any Owner or occupant has failed in any of the foregoing duties or responsibilities, then two Property Owners may provide written notice of that failure, giving the Owner or occupant ten (10) days from receipt to perform the care and maintenance required. Should any person fail to fulfill this duty and responsibility within the ten-day period, then the two Property Owners through an authorized agent or agents shall have the right and power to enter onto the premises and perform needed care and maintenance without any liability for damages for wrongful entry, trespass or otherwise to any person. The Owners and occupants (including lessees) of any part of the Property on which work is performed shall jointly and severally be liable for the cost of the work and shall promptly reimburse the two Property Owners for all costs. If the two Property Owners have not been reimbursed within thirty (30) days after invoicing, the indebtedness shall constitute a lien against that portion of the Property on which work was performed. This lien shall have the same attributes as the lien for assessments and special assessments set forth in Article III, SECTION 4. Safety• 1. Each Owner and occupant of a Site is responsible for taking such precautions as are necessary to ensure his or her own safety and the security of his or her property within the Development, and the Developer shall not in any way be considered insurers or guarantors of security or safety within the Development. 2. The Developer may undertake, maintain or support security measures within the Development, but shall have no obligation to do so. The Developer shall not be liable for any loss, injury or damage by reason of failure to provide adequate security or safety, or ineffectiveness of security measures undertaken. Page 3 of 5 ARTICLE V COMMON SCHEME RESTRICTIONS The following restrictions are imposed as a common scheme upon all Sites and Access and Utility Easement for the benefit of each other Site and Access and Utility Easement and may be enforced by any Owner through any remedy available at law or in equity. 1. The land herein platted shall be held, owned and used only as residential building sites. No structures shall be erected, altered, placed or permitted to remain on any building site other than a single detached single-family residence with one loft apartment permitted above each garage building. 2. No outbuildings or other detached structure appurtenant to the residence and garage may be erected on any of the lots. 3. Parking of any vehicle or storage of any item is not permitted in the A=ss and Utility Easement as dedicated on the plat. The areas behind each garage and along the north 19 of lot 1, MacArthur Place is dedicated as Access and Utility Easement as dedicated on the plat. Cars parked in this area are subject to towing by property owners that are affected by restricted access to the properly. Related towing and storage fees related to the event are the responsibility of the car owner. 4. Boats, utility trailers, recreational vehicles, recreational trailers, or any other object on wheels (or that should have wheels) shall be parked only in the garage. These items shall not be parked or stored in the Access and Utility Easement of any property. Any item parked in this area is subject to towing by property owners that are affected by restricted access to the property. Related towing and storage fees related to the event are the responsibility of the vehicle owner. 5. Playground equipment (swing sets, jungle gyms, etc), basketball, baseball, football and soccer equipment shall not be placed in the Access and Utility Easement of any property if the equipment restricts access to any property. Any item left in this area is subject to removal by any Property Owners that fs affected by restricted access to hWher property. 6. No trailer, recreational vehicle, tent, shack, garage, barn or other outbuilding other than a guest house or loft apartment may at any time be used for human habitation, temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. 7. No garbage, refuse, rubbish, tree limbs, pine straw, leaves or cuttings shall be deposited on any street, vacant Site, or Access and Utilily Easement unless placed in a container sul table for garbage pickup. 8. Garbage collectors and recycling bins shall be kept in the garage or courtyard except on collection day 9. No trash fires or campfires shall be allowed on any vacant Site or Access and Utility Easement. Neither shall there be any camping in these areas. 10, No building material of any kind or character shalt be placed upon any Site except in connection with construction of a new home or ' addition. Construction shall be promptly commenced and diligently prosecuted. 11. No clothes lines, drying yards, service yards, wood piles or storage areas shall be so located as to be visible from a street, other Site, or Access and Utility Easement. 12. Any exterior lighting installed on any Site shall either be indirect:or of such controlled focus and intensity as not to disturb the adjacent property owners. 13, The garage entrance shall have motion detector spotlights in working condition. % No animals or poultry shall be kept on any Site or Access and Utility Easement except a reasonable number of ordinary household pets belonging to the household of any Owner of a Site designated for residential use. 15. No animals or pets (including the dog breeds of Rottweilers and Pit Bulls) shall be kept on any Site or Access and Utility Easement which poses a threat to the safety of occupants of other Sites. 16. No noxious activities, trade, or activities which tend to offend people acoustically, olfactorily, or visually according to standards acceptable to social norms. 17. No nuisances shall be allowed in MacArthur Place nor shall any use or practice be allowed which is a source of annoyance to its residents or which interferes with their right of quiet enjoyment. 18. No unlawful use shall be made of MacArthur Place or any part thereof, and all valid laws, zoning, by-laws and regulations of all governmental bodies having jurisdiction shall be observed. 19. No used or previously erected or temporary house, structure, house trailer or non -permanent outbuilding shall ever be placed, erected or allowed to remain on any Site a Access and Utility Easement except by the Developer during construction of the residences. 20, No junk, vehid e, commercial vehicle, trailer, truck, camper, camp truck, house traller, boat, motor home, recreational vehide, or other machinery or equipment (except as may be reasonable and customary in connection with the use and maintenance of any improvements located upon the Property sha11 be kept upon the Property or Access and Utility Easement; nor shall the repair or extraordinary maintenance of automobiles or other vehicles be performed. This restriction shall not apply to vehicles, commercial vehicles, trailers, trucks, campers, camp trucks, house trailers, boats, motor homes, recreational vehicles, or other machinery or equipment or the like stored and kept within an enclosed storage room or garage. 21. No trees or shrubbery shalt be removed or cut from the Access and Utility Easement without the prior verbal approval of at least two of the Property Owners, 22. Window air-conditioning units are not allowed in the main residence of each lot. ARTICLE VI RIGHTS OF THE DEVELOPER SECTION 1. Easement of i=n'a mart. Any Owner, or any of his guests, tenants, licensees, agents, employees or members of his family shall have the right and easement of enjoyment in and to the Access and Utility Easement. SECTION 2. Easement for Undeveloped P_r�rty_ The Developer, its agents, licensees, and assigns, shall have an easement over the Access and Utility Easement for access to and development of Lot 2, MacArthur Place, ORIGINAL CITY OF LITTLE ROCK, Arkansas. This easement includes but is not limited to, a right of ingress and egress and a right to tie into utilities in MacArthur Place to serve Lot 2. The Developer shall have the right to grant this easement to its successors- in -title to Lot 2. Page 4 of 5 ARTICLE VII GENERAL PROVISIONS SECTION i. Duf theation Ow r of anylandsub suand bject osth slons of thi 5 Qeclaratio n, their rrespectivall e legal repres nitatives `heirs, suall ccessors the assig s. For ae enforceable by -theOwner y 1 between the beginning on the date hereof, no such amendment shall be valid unless approved by the Developers. term of ben yearsn all SECTION 2. Pro e i n Shawn on the Platoundrandon lactual di n s have mnsionsset oor distan cces as disclosedbythe established pinsGthe p sass t shall dimensions or d�skanc control. SECTION 3. Notices. Any notice required to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the Owner. SECTION modified,4. i�adiliext n ded, c nged o canAny celedliinfthe whale or in pars, by ssions wr lkenrrestfictli i strument signed and acknowledged by al h ee lot amnded, evpr lot 9 owners (one vote per lot) in the MacArthur Place neighborhood. For a term of ten years beginning on the date hereof, no such amen men shall be valid unless approved by the Developers. SECTION 5. Enfar meat and Ri ht to Enforce - Enforcement of these Covenants and Restrictlons shall be by any proceeding at law or equity against any person or persons violating or attempting to violate any Covenant or Restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these Covenants and Restrictions. The restrictions herein set forth shall run witli the land and shall bind the present owner, its successors and assigns. All parties 11 be taken to covenant with the owner of the lots claiming by, through or underpresentowner sha No restriction herein shall be person Ily binding d ng urpon any fl poration, person fleby restricted, and its °f s and assigns, to conform to and observe of persons, except }with herowner or own of any ofbreaches lthe ots hereby rtted during its, est ricted shs or their all have the gright toosue Ioa and obtain anrinjunction, sp ohib tive or assigns, l action for mandatory, to prevent the breach of or to anforceers of any lotthe bo�lots in thisce of tadditiokn of abservevany ofothe restrictions hereinln Fai ure to enforce any damages and fa Y Y ow Covenant or Restriction or delay in bringing such action shall in no event be deemed a waiver of the right to do so thereafter. of y any order, SECTION fi. Severa filan. invalidation �atotherwise, t� ire shall nny onetot Invalidate date or affecoven ants or t-any of the otheestriction s set restrictth mions orin or aany part thereony pan thereof f as set forth herein, judgment or decree o y but they shall remain in full force and effect. SECT ION T. Attorne�r Few• In any legal or equlkable proceeding for the enforcement or to restrain the violation of this instrument or any SECTISEC thereof, by reference or otherwise, the prevailing parry or parties shall be entitled to attomey fees in such amount as the court finds provreasonable. All remedies provided for herein, or at law or equity, shall be oumula[ive and not exclusive. WITNESS, my hand this 9 day of secMW , 2005. --L G Charles A. Boyd Tina C. Boyd ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI BE IT REMEMBERED that on this day came before me a Notary Public within and for the County and State aforesaid, the above signed that we, Charles A. Boyd and Tina C. Boyd have signed the foregoing Bill of Assurance. My commission expires: SilN TARY U IC Reviewed only for inclusion of minimum standards required by the City of Little Rock subdivision regulations. Bill of Assurance provisions established by tha developat may excaed minimum regulations of tha e Rock subdivision and z ing Ordinances- ity Little Rock Planning Commission ��.Q n 14 �M• Ck� '� NOTARY PUBLIC r o. r Page 5 of 5