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HomeMy WebLinkAboutS-0867-KK ApplicationCITY:'OF LITTLE ROCK, ARKANSAS DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING FILING FEES NO. DATE ,19 Annexation . . . . . . . . . . . . . . . . . $ Board. of Adjustment Application. . . . . . . $ Conditional Use Permit . . . . . _ . . . . .-•$ Final Plat . . . . . . . . . . . Planned Unit Development IS �' Prelim%Pnary Plat $ } Rezoning`Application a ol e .,- Site Plan (Multiple Buildings Zo �]F. SSW, Special UMe 'Permit Street, Alley, or Easement Closure $ i = Street Name Change $ s Street Name Signs: # Signs at ea. $ t: TOTAL $ r File No.: T- J Address::. •,a._, Applicant:(,,, t' g t t v I To: Mr. Jim Lawson From: Jack McCray cc: Mr. Richard Wood Date: Friday, March 13, 1998 Subject: The Oaks-PRD Phase I -Deck Encroachments Jim, Please amend The Oaks-PRD Phase I to allow decks to encroach into the rear lot line setback on those lots where the rear of the lots are adjacent to platted common areas, buffers and or water features. Thanks for your assistance in this matter. I am, Sincerely,J�p WYKI Jack McCray © WHITE-DATERS & ASSOCIATES, INC. 401 Victory Street Little Rock, Arkansas 72201 (501) 374-1666 City of Little Rock Department of Neighborhood Planning 723 W. Markham Little Rock, AR 722011 Gentlemen: It z request dlt at a Certificate of Final Plat Approval be issued for U �j jx [,r e• located in Section T- - & , R- Little Rock, Pulaski County, Arkansas. Please let us know if there is additional information required. Sincerely, WHITE-DATERS & ASSOCIATES, INC. Enclosures: t CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, DELTIC FARM & TIMBER CO., INC., an Arkansas corporation (hereinafter called "Deltic"), is the owner of the following property: Part of the S1/2, Section 26, T-2-N, R-14-W, Pulaski County, Arkansas, more particularly described as: Starting at the intersection of the Easterly right-of-way line of Chenal Club Blvd. and the Southerly right-of-way line of Chenal Parkway; thence S20036'2111W along said Easterly right-of-way line, 153.54 ft.; thence Southwesterly and continuing along said Easterly right- of-way line, being the arc of a 464.26 ft. radius curve to the right, having a chord bearing and distance of S52°4311411W, 493.61 ft. to a point on the Southerly right-of-way line of said Chenal Club Blvd. and the point of beginning; thence northeasterly along said Southerly right-of-way line of Chenal Club Blvd. being the arc of a 464.26 ft. radius curve to the left, having a chord bearing and distance of N72001'51"E, 208.65 ft.; thence southwesterly along the arc of a 427.46 ft. radius curve to the left, having a chord bearing and distance of S46°381261-E, 225.21 ft.; thence S6105513811E, 90.0 ft.; thence northeasterly along the arc of a 25 ft. radius curve to the left, having a chord bearing and distance of N71°15125"E, 36.46 ft.; thence S6503512411E, 45.0 ft.; thence southwesterly along the arc of a 136.65 ft. radius curve to the left having a chord bearing and distance of S21°341371-W, 13.01 ft.; thence S1805213511W, 9.52 ft.; thence southerly along the arc of a 295.81 ft. radius curve to the left, having a chord bearing and distance of S1°4614911E, 208.95 ft.; thence S2202511211E, 12.56 ft.; thence southeasterly along the arc of a 386.75 ft. radius curve to the left, having a chord bearing and distance of S27020113"E, 64.38 ft.; thence S5704114611W, 378.93 ft.; thence N7502515411W, 305.46 ft.; thence N104712411W, 143.62 ft.; thence N104814311E, 83.03 ft.; thence N505610811W, 72.76 ft.; thence N104815911W, 257.79 ft. to a point on the Southerly right-of-way line of Chenal Club Blvd.; thence N8405815111E along said Southerly right-of-way line, 83.70 ft. to the point of beginning, containing 7.3355 Acres more or less. b; .rlyp\OAKS2.BOA Munch 16, 1N4 shown on the plat, hereinafter mentioned, as Lots Al-A22, and Tracts "A" and "B" all in Block 13, Chenal Valley an Addition to the City of Little Rock, Arkansas ("The Oaks Neighborhood"); and WHEREAS, The Oaks Neighborhood, a planned residential neighborhood, is part of the community known as Chenal Valley and is subject to those certain Covenants and Restrictions filed November 221 1989 in the office of the Circuit Clerk of Pulaski County as Instrument No. 89-61706 (the "Covenants and Restrictions"); and WHEREAS, Deltic has caused to be incorporated The Oaks Property Owners Association, Inc. for the purpose of administering the maintenance of the common area and amenities in The Oaks Neighborhood and Chenal Valley Property Owners Association, Inc. for the purpose of administering the maintenance of the common areas and amenities of Chenal Valley; and WHEREAS, all owners of lots within The Oaks Neighborhood will be members of The Oaks Property Owners Association, Inc. as provided for herein and members of Chenal Valley Property Owners Association, Inc. as provided for in the Covenants and Restrictions; and WHEREAS, it is deemed advisable that all of the property shown on the plat hereinafter mentioned, be subdivided into building lots, tracts and streets 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 Oaks Neighborhood. NOW THEREFORE, Deltic, for and in consideration of the benefits to accrue to it, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat, showing a survey made by Joe D. White, Registered Land Surveyor dated �'t��:} r�j o�1�1d , and bearing a Certificate of Approval executed by the'Department of Comprehensive Planning of the City of Little Rock, and showing the boundaries and dimensions of the property now being subdivided into lots, tracts and streets (the "Plat"). There are shown on said plat certain easements for drainage access and/or utilities which Deltic hereby donates and dedicates 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 television with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities to use and occupy such easements, and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. bcvcr15P\0nxs2.H0A March 16, 1994 — 2 — The areas designated on the Plat as Tracts "A" and "B" are hereby donated and dedicated by Deltic to the owners of lots within The Oaks Neighborhood with the right to use these areas for utility, drainage, buffer, park and aesthetic purposes and The Oaks Property Owners Association, Inc. shall maintain such areas and improvements, including but not limited to all irrigation and lighting, at its sole cost. Additionally, Deltic hereby grants to the public utilities the right to use these areas for utility and drainage easements provided such improvements are maintained by said public utilities. No improvements shall be placed on the areas designated as Tracts "A" and "B" other than improvements for those designated purposes, unless first approved by the appropriate agencies of the City of Little Rock, The Oaks Property Owners Association, Inc. and the Architectural Control Committee established pursuant to the Covenants and Restrictions and By -Laws of Chenal Valley Property Owners Association, Inc. (the "Architectural Control Committee"). 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 easements subject to the limitations herein set out. The lands embraced in the Plat shall be forever known as "Lots Al-A22, and Tracts "A" and "B", all in Block 13, Chenal Valley, an Addition to the City of Little Rock, Arkansas" and any and every deed of conveyance of any lot in The Oaks Neighborhood describing the same by the number shown on said Plat shall always be deemed a sufficient description thereof. Said lands herein platted and any interest therein shall be held, owned and conveyed subject to and in conformity with the following covenants: 1. Additions to The Oaks Neighborhood. Additional lands of Deltic may become subject to this Bill of Assurance and added to The Oaks Neighborhood in the following manner: Deltic shall have the right but not the obligation to bring within The Oaks Neighborhood additional properties, regardless of whether or not said properties are presently owned by Deltic, as future phases of The Oaks Neighborhood, provided that such additions are in accord with the general plan of development for The Oaks Neighborhood (the "The Oaks General Plan") which has been prepared prior to the date of this Bill of Assurance and prior to the sale of any lot in The Oaks Neighborhood and is maintained in the office of Deltic and provided such proposed additions, if made, become subject to assessments of The Oaks Property Owners Association, Inc. for their share of expenses. UNDER NO CIRCUMSTANCES shall this Bill of Assurance or any supplement or The Oaks General Plan bind Deltic to make the proposed additions or to adhere to The Oaks General Plan or any subsequent development plan shown on The Oaks General Plan. bcvcdpp\0AFS3.H0A March 16, 1994 - 3 - Nor shall Deltic be precluded from conveying lands in The Oaks General Plan not subject to this Bill of Assurance or any supplement free and clear of this Bill of Assurance or any supplement thereto. Any additional phases added to The Oaks Neighborhood shall be made by filing of record a supplemental Bill of Assurance with respect to the additional property and shall extend the covenants and restrictions of this Bill of Assurance to said additional property and the owners, including Deltic, of lots in those additions shall immediately be entitled to all rights and privileges provided in this Bill of Assurance. The Supplemental Bill of Assurance may contain such complimentary additions and modifications of the provisions of this Bill of Assurance necessary to reflect the different character, if any, of the added properties as are not inconsistent with the plan of this Bill of Assurance. In no event, however, shall such supplement, revoke, modify or add to the covenants established by this Bill of Assurance as to the property herein described. No entity, other than Deltic, shall have the right to subject additional lands to The Oaks Neighborhood unless Deltic shall indicate in writing that such additional lands may be included. 2. Architectural Control. No improvement shall be constructed or maintained upon any lot and no alteration or repainting to the exterior of a structure shall be made and no landscaping performed unless approved by the Architectural Control Committee as provided for in the Covenants and Restrictions. 3. Use of Land. 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. 4. Common Amenities. The areas designated on the Plat as Tracts "A" and "B" and the roadways within the Oaks Neighborhood as designated on the Plat and all improvements thereon, including but not limited to, all streets, lighting, irrigation systems, gates, walls, gatehouses, and landscaped areas shall be maintained by The Oaks Property Owners Association, Inc. except for public utility improvements which are maintained by such public utilities. 5. Delegation of Authority. Deltic has caused the formation of The Oaks Property Owners Association, Inc., a nonprofit corporation. Deltic shall have the right, but not the obligation, by a written instrument recorded in the Office of the Recorder for Pulaski County, Arkansas, to delegate, convey and transfer to such corporation all authority, rights, privileges and duties reserved by Deltic in this Bill of Assurance. 6. Creation of ❑bli ation for Assessments. By acceptance of a deed or other conveyance of property covered by this Bill of Assurance, each owner of a lot within The Oaks Neighborhood shall hcvcr1yp\0AKS2.B0A March 16, 11"7 - 4 - be deemed to covenant and agree to pay any assessments, charges and/or special assessments (including assessments for Replacement Reserves) which may hereinafter be levied by The Oaks Property Owners Association, Inc. for the purpose of promoting the recreation, health, safety and welfare of the owners within The Oaks Neighborhood, in particular for the maintenance of all landscaping and grounds of all of Lots Al - A22 and Tracts "A" and "B" and the Roadways and acquisition, servicing, improvement and maintenance of common properties within The Oaks Neighborhood and facilities which may be hereafter dedicated for use by Deltic or otherwise acquired by The Oaks Property Owners Association, Inc. These charges and assessments shall be a continuing lien upon the lot against which such assessments are charged. 7. Height and Type_ of Residence. The residences in The Oaks shall be of similar size and architectural style so as to create a neighborhood of architectural continuity. All construction shall be approved by the Architectural Control Committee, in its sole and absolute discretion, as further provided for in paragraph 2 of this Bill of Assurance. No residence shall be erected, altered, placed or permitted to remain on any lot in The Oaks Neighborhood other than one detached single-family residence not to exceed two stories in height. Provided however, any residence may have a detached structure to be used as a garage or said garage structure may be attached to an adjoining garage structure on an adjoining lot. 8. Setback Requirements. No residence shall be located on any lot nearer to the front or rear lots line than the minimum setback lines shown on the Plat; provided, such setback requirements may be modified if such modification is approved by the Architectural Control Committee, the Little Rock Planning Commission or the Little Rock Board of Adjustment, and such other regulatory agency as may succeed to their functions. No building shall be located nearer than five (5) feet to an interior lot side line except that any garage structure may be erected to adjoin the garage structure or an adjacent lot and share a common wall between said adjoining garage. For the purposes of this covenant, eaves, steps and porches not under roof shall not be considered as a part of the building. 9. Minimum Square Feet Area. No residence shall be constructed or permitted to remain on any building site in The Oaks Neighborhood unless the finished heated living area, exclusive of porches, patios, garages, breezeways, exterior stairways, porte cocheres, storage areas and outbuildings, shall equal to exceed that shown in the following schedule: hrvcr1yp\0AKS2.B0A March 16, 1994 - 5 - One Story Multi -Story Lot Number Minimum Sq. Ft. Minimum Sq.Ft Lots Al-A22, Block 13 2,600 3,400 Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. 10. Frontage of Residence on Streets. Any residence erected on any lot in The Oaks Neighborhood shall front or present a good frontage on the streets designated in the Plat, and for this purpose as applied to all inside lots, it shall mean that the residence shall front on the street designated, and on any corner lot it shall mean that the residence shall front or present a good frontage on both of the streets designated in the Plat. 11. Commercial Structures. No building or structure of any type may ever be placed, erected or used for business, professional, trade or commercial purposes on any portion of any lot. This prohibition shall not apply to any business or structure that may be placed on any lot or portion of a lot that is used exclusively by a public utility company in connection with the furnishing of public utility services to The Oaks Neighborhood. 12. Outbuildings Prohibited. No outbuildings or other detached structure appurtenant to the residence may be erected on any of the lots hereby restricted without the consent in writing of the Architectural Control Committee. 13. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any garbage, trash, rubbish, tree limbs, pine straw, leaves or cuttings, ashes or other refuse be thrown, placed or dumped upon any vacant lot, street, road or common areas, nor on any site unless placed in a container suitable for garbage pickup; nor shall anything ever be done which may be or become an annoyance or nuisance to the neighborhood. 14. Oil and Mineral Operations. No oil drilling, oil development operating, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any building site, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building site. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any building site. 15. Cesspool. No leaching cesspool shall ever be constructed or used on any lot. 1 c .Hyp\0AKS'_.BOA M1 h 16, 1994 - 6 - 16. Existing Structure. No existing, erected building or structure of any sort may be moved onto or placed on any of the above -described lots. 17. Temporary Structure. No trailer, basement, tent, shack, garage, barn or other outbuilding other than a guest house and servants quarters erected on a building site covered by these covenants shall at any time be used for human habitation, temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. 18. Easements for Public Utilities and Drainage. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have heretofore been donated and dedicated, said easements being of various widths, reference being hereby made to the Plat filed herewith for a more specific description of width and location thereof. No trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of such utility or drainage easement. In the event any trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of such easement, no person, firm or corporation engaged in supplying public utility services shall be liable for the destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easement. 19. Private Roadways. All roadways within The Oaks Neighborhood are private access easements for vehicular traffic only for the use of the owners of lots in The Oaks Neighborhood. An easement is also hereby granted to the public for access to the lots in the case of an emergency created by fire, public safety, or other occurrence necessitating access to a lot by any public utility, fire department, police department or other public agency. Additionally, Deltic hereby grants to the public utilities the right to use these areas for utility and drainage easements provided such public improvements are maintained by said public utilities. The Oaks Property Owners Association, Inc. shall maintain such private access easements including all private improvements thereon, including but not limited to irrigation, street lights, gated entry and gatehouse. 20. Fences. No fences, enclosure or part of any building of any type or nature whatsoever shall ever be constructed, erected, placed or maintained closer to the front lot line than the building setback line applicable and in effect as to each lot, provided, however, that chain link or similar fences are in all events strictly prohibited and shall not be used under any circumstances; provided, further, that it is not the intentions of this paragraph to exclude the use of evergreens or other shrubbery to landscape the front yard. Fencing of any type and its location must be b._,1)p\0AKS2. HOA KI.,.h 16, 1994 - 7 - approved by the Architectural Control Committee as provided in paragraph 2 hereof. 21. Sight Line Restrictions. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways, shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points fifty (50) feet from the intersection of the street lines, or in the case of a rounded property corner, within the triangle formed by tangents to the curve at its beginning and end, and a line connecting them at points fifty (50) feet from their intersection. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at a height of eight feet to prevent obstruction of such sight lines. The same sight line limitations shall apply on any lot within ten feet of the intersection of the street property line with the edge of a driveway or alley pavement. 22. Property Lines and Boundaries. Iron pins have been set on all lot corners and points of curve and all lot dimensions shown on curves are chord distances, and all curve data as shown on the Plat filed herewith is centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the Plat and actual dimensions and distances as disclosed by the established pins, the pins as set shall control. 23. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs shall be saw cut at driveways with a diamond blade, and driveway grades lowered to meet the gutterline not more than two inches above the gutter grade. 24. Ground Frontage. No lot shall be subdivided. 25. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns. All parties claiming by, through or under the present owner shall be taken to covenant with the owner of the lots hereby restricted, and its successors and assigns, to conform to and observe these restrictions. No restriction herein shall be personally binding upon any corporation, person or persons, except with respect to breaches committed during its, his or their term of holding title to said land. Deltic, its successors and assigns, and also the owner or owners of any of the lots hereby restricted shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages and failure by any owner or owners of any lot or Lots in this addition to observe any of the restrictions herein. Any delay in bringing such action shall, in be1e11yp\OAKS2. BOA March 16, 1994 -8- no event, be deemed to be a waiver of the right to do so thereafter. 26. Modification of Restrictions. Any and all of the covenants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or canceled, in whole or in part, by a written instrument signed and acknowledged by the owner or owners of more than seventy-five percent (75%) in area of the total land contained within The Oaks Neighborhood. Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2030 after which time each covenant in this instrument shall be automatically extended for successive periods of ten (10) years unless an instrument terminating the covenants signed by the then owners of seventy-five percent (75%) of the lots in The Oaks Neighborhood has been recorded prior to the commencement of any ten-year period. 27. Attorney Fee. In any legal or equitable proceeding for the enforcement or to restrain the violation of this instrument or any provisions thereof, by reference or otherwise, the prevailing party or parties shall be entitled to attorney fees in such amount as the court finds reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not exclusive. 28. Oil, Gas and Other Minerals. Deltic Timber Purchasers, Inc., for and in consideration of Ten and No/100 Dollars ($10.00), executes this Bill of Assurance solely upon the belief that it may own a portion of the oil, gas and minerals except the coal, sand, clay and gravel in and under the above -described land and hereby subordinates its interest in the oil, gas and other minerals except coal, sand, clay and gravel to the Bill of Assurance and pursuant to paragraph fourteen (14) thereof will not engage the use of the surface in any oil drilling, oil development operating, oil refining, quarrying or mining operations. 29. Extension. All covenants for which extension is not otherwise provided in this instrument, shall automatically be extended for successive periods of ten (10) years each unless modified, terminated or canceled as provided herein. 30. Severabilit . Invalidation of any restriction set forth herein or any part thereof by any 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. EXECUTED this 18th day of March 1994. b._,1yp10AKS2.B0A March 16, 1994 -9- Attest: games E. Baine Secretary STATE OF ARKANSAS COUNTY OF UNION DELTIC FARM & TIMBER CO., INC. By Ron Pearce President ACKNOWLEDGMENT On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named Ron Pearce and James E. Baine being the President and Secretary, respectively, of DELTIC FARM & TIMBER CO., INC. and who had been designated by said DELTIC FARM & TIMBER CO., INC. to execute the above instrument, to me personally well known, who stated they were the President and Secretary of said DELTIC FARM & TIMBER CO., INC. and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said DELTIC FARM & TIMBER CO., INC. and further stated and acknowledged that they had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 18th day of March , 1994. ( " My Commission Expires: r hcver1)-pWAKS2. H0A March 16, 1994 -10- Notary Public OFFICIAL7,UEALOFFICE nl,lAilY PLISLIC DELTIC TIMBER PURCHASERS, INC. By: Attest: James E. Baine Secretary ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF UNION Ron Pearce President On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named Ron Pearce and James E. Baine being the President and Secretary, respectively, of DELTIC TIMBER PURCHASERS, INC. and who had been designated by said DELTIC TIMBER PURCHASERS, INC. to execute the above instrument, to me personally well known, who stated they were President and Secretary of said DELTIC TIMBER PURCHASERS, INC. and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said DELTIC TIMBER PURCHASERS, INC. and further stated and acknowledged that they had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 18th day of March 1994. NOTARY PUBLIC My commission expires: OFFICIAL SEAL s C1]Vh,4A11-E Sltt,"1IR 140TARY PUBLIC - AROMAS UNION COUNTY A17 Cammi•�::a� EA�ue; S-C:-?::13 b,-,I)p\OAKS2.ROA March 16, 1994 —11— January 26, 1994 To: Bob Sims From: Carroll Ball Subject• Final Plat-Chenal Valley, Lots 1-33 & Tracts ABC Black 36, Lets 1-3, Blolck 32, Etc. 1. Show error of closure 2. Provide PAGIS data disc. 3. Construction has not been completed. Attached is a check in the amount of $8,534.00 intended to guarantee approvalof construction. This amount has been approved by Jerry Gardner.1