Loading...
HomeMy WebLinkAboutBill of Assurance 022124bF. :� s,"f': r .�^, : • o.; tax �'.4'�- ,' � , ; . ir�;:y�• :-•. ,i . M,.imv:f�r+isca:rakd .s..,...:�r:s3s-' _._ _ • i��rr 'F.,•' �;! �,,.��, :•�; Tiff? PLAT AND SILL 6F ASSURANCE C(tiLk; i LY .r,•i•1fL,; L,W: ._�.�., � ,`j.: !j, ,/ t �:�'�' OF LOTS 1 TO 105, INCLUSIVE, LOTS 125 TO.127,_INC LUIS_IV . E 00M AND LOT 144, TURTLE CREEK, AN.'ADDITION_TO"TRE �r CITY OF LITTLE ROCK r FILED &RFC0RDED e•'. GENERAL PROPERTIES, INC., et a1,, to Jars 9 2'hfP'LIc. KNOW ALL MEN BY THESE PRESENTS: i�r ry That General Properties Iris. , an Arkansas o car p "4 f*KMCy[TCLERK � hereinafter' called grantors, owns the following described land lying in Pulaski :County, Arkansas, tva�wit: `f F that.part..of the unplatted part of Northwest Quarter (NW,z1/'4) of South, west 'Quarter (.SW 1/4..), Section Thirty-three (33). Township Two (2) North, Range Thfirteeri (13) West:, Pul';aski County, Arkansas, shown on the .plat attache'd,hereto and made a -part hereof as Lots 1 to 105, inclusive, Lots L' 125 to 127 inclusive, and, Lost 144, TURTLE CREEK, an Addition to the City oE'•;i.tttie.Ro.ck, Pulaski County, Arkansas., end the portions of Napa ^<'. 'valley.Rnad,•St. Charles ;8oulevard,:Turtle Creek Court, Tortoise Run ;. Court, Tortoise Park Cove; :Painted Tur.tle,,Cove, Tortoise Hi•11 Court and. Turtle.Creek Drive dedicated hereinafter and the grantors hereby plat a' ; ,5xe:'as Lots 1 to 165. inclusive, Lots 125 to 127, inclusive, and Lor 144, TURTLE CREEK,• an. Addit on.ty the City of-L.ittlE Rock, Pulaski. County,, Arkansas, and henceforth description and conveyance by such designation or part .thereof as shown and represented on said attached plat shall be y a proper and sufficient description thereof. f 'A'permanent easement or easements for drainage, for Laying and maintaining sewer pipes and mains, storm sewers, and for the installation ,and maintenance of utilities are created, excepted and reserved over, across, and "through 'said -land as shown on said attached plat That portion -of Napa Valley.Road extending -southerly from the Northwest 6orner"of'Lot•14 (herein platted) to•the Southwest,corner of Lot 144 (herein platted), St. Charles Boulevard extending from Napa Valley Road (herein dedicated) easterly, northeasterly and easterly to the Southeast corner of Lot 48 (herein platted), Turtle Creek Court extending northerly from St. Charles Boulevard (herein dedicated) to the Southeast corner of Lot 14 (herein platted), Tortoise Run Court extending from St, Charles Boulevard (herein dedicated) northwesterly to the Southwest corner of Lot 38 (herein platted); Tortoise Park Cove extending from St. Charles Boulevard (herein dedicated) southerly to the North ' 8t1-01431 � I.. InvalidaOon of any -re6trictfoii set- forth hereiin or any part therebflian. order,, judgment, or decree of. any Cpiurt or otherwise shall not.invalidate or affect any of the other- restrictions or any� -Part thereof as 9et _tqrth herein but they shall remain -in full force and effect. E -CUTED this 21st day of. December, 1979: XE 64 iA jr GWERAL PROPERTIES, f secretaryA, President .,4.¢:;;.: �_.. .: f.... •"hex •S:. nt.. .. f X w0l"NU., C0,124IS5ION.. ..... ..... STATE! OF ARKkNSAS SS. ACKNOWLEDGMFNT COUNTY OF PULASKI On this day, before me, the. undersigned,. a Notary Public, duly commissioned; qualified and acting within and.',.for,,: sfaid County and'State' 4ppeared. in person the within, -James P, Matthews and Eunice'Kumpe, to, me personally well known.who- state&i that they.were the Presid . ent and Secretary of General Properti.es,_ Inc., a corporation, and were duly authorized in their respective- capacities to exec . ute the foregoing instru- ment for and in the name and behalf of said corporation, and,further stated and acknowledged that they had so signed, executed and delivered said fore- going instrument for the consideraiton, uses and purposes therein mentioned and-set'forth. IN TESTIMONY WHEREOF I have hereunto set my hand and official seal this, '2ist day of December, 1979. Notary Public My commission expires: Febrw.ry 1., 1980 .. Y.. .r .Y .:R •w.L +�.." N_t 4, '�. ';.�_ ^�fr_f..- ifs.: 4•:.ry' "A._ — _ .r1 rinL•"-�yS _T �•_:.� �14.--�`. _ ;?: :�I =7 OQ283 f lot :line of Lot:59 (herein platted);' Painted:Turtle Cove extending v from St. Charles Boulevard (herein dedicated)' southerly to the north lot lines of Lots 82 and 83 (herein platted), Tortoise Hill Court c extending from St. Charles Boulevard (herein dedicated) southeasterly to the.5outheast corner of Lot 125 (herein platted), and Turtle Creek Drive extending from 5t. Charles Boulevard (herein dedicated.)' •'' southerly to the Southeast corner of Lot 144 (herein platted):, as Y. a shown and represented on said attached plat, by which names: -respectively. �+r the same shall be known hereafter, are 'hereby dedicated to the public as streets and thoroughfares. The tract of Land between Lots 82 and 83 designated as Tract E-1 on the attached plat is 'reserved as Private Common Area in TUPME ' CREAK, an Addition to .the City.of Little Rock, the fee simple title..ty ; r ; • whtch'..sh'all be' conveyed to the Property Owners' Association author'ize'd' .. ,::' "':i-.'.-herein', . if and -then formed. x said lan& herein platted and an interest therein .shall be held ;.,*-and owned subject to "and in canformit.y-with the. 'following covenants which.,;Subject to being amended 'or canceled from time to time as Ga,, provided hereinafter, shall be and remain' in full force and' effect: Unti'1 January 1, 2'010, to -wit; (a) LAND .USE AND BUIL3]1NG. TYPE. Said Land shall be �. re, aced to detached single-family residences; garages, servants - quarters, and other outbuildings must be clearly incidental to detached single-family residential use of said land. Boarding houses, tenements, apartment houses, trailer parks, tourist courts, motels, hotels, .eating houses, clubs, restaurants, stores, beauty shops, barber shops-; commercial servicing and repairing of every'kind, other similar• activ.itiea, ,and each='•of them are prohibited. and- shall not be f carried'on or:permitted on any. part of said land, The designation of } such specific activities prohibited shall not limit what is prohibited on said land but this restriction shall be construed to prohibit on said land each and every business, trade, activity, and undertaking not in keeping with the general plan to develop said land for the highest class detached single-family residential occupancy, No business, trade, activity, or undertaking which is or may become noxious or offensive shall be carried on or permitted on any part of said land nor shall anything be done thereon which may be or become an annoyance or nuisance to adjacent residents or the neighborhood. Usage in II �` , !`f'p . h��541 7:1.._ Mm, ,.WV4 1 NYn, a i1:Sa I.Y H . : ".:.... •:. y_.��ol �:�," ._W; `..�� ,.' . �a r'• ...,t `iq'R'} • �'h ,:,! 1h•+,"o'4Mn Y4�Ya. �1:''-•` 1. - 3- 00284 keeping with the highest class detached single-family residential occupancy such as the office of a doctor,.writer, or artist shall be permitted ' y.Rf c• t• r� if carried on without becoming an annoyance or nuisance to adjacent • � Div.^. residents or :the neighborhood and provided one name plate only, not exceeding. -one square foot in area, may be placed or permitted to remain on any homesite. (b) TEMPORARY STRUCTURES. No trailer, basement, tent,. • shack, garage, garage apartment, hutment, barn, structure of a temporary character or outbuilding of any kind on said land shall at any time be used or oceugied as a residence, temporarily or permanently, p=voided s the foregoing. shall not be construed to prevent occupancy of servants' F _ quarters by bona fide domestic servants employed by and domiciled on i_ said land ,with an owner Or tenant, a (0 ARCHITECTURAL CONTROL, No residence, building, wall: or :fence' sha31 be erected. or. -Placed on said land unti-1 complete building,plana.,.sapecif•icition's, and plot plan showing the location thereof with respect to exiatin topogiaphy and finished round eleva- i tions'.have been approved in writing by General Properties., IniZ.,,its . successors; or assigns, It ,is contemplated that General Properties, Inc-, in.Ats discretion, - may eventually designate and authorize a,i'roperty ti Owners' Association of the area involved or the Trust Department of a bank in .Pula'ski County, Arkansas, to make such approval but:until a and unless ,• General Properties, Inc., its successors or assigns,: ` f transfers this authority, General Properties, Inc, shall have complete authority i with respect'to such approval. It is the purpose and intent of this covenant that, in order to assure homeowners the safe- guard of a reasonable degree.of neighborhood conformity in various ¢¢ t` detached:single-fainily residence areas of this planned unit development,.- ? the quality*,:design, and location of all residences, buildings, walls . a and fences shall be regulated as provided herein, and General Properties, w ' s_ Inc.,its successors and assigns, are expressly authorized to determine !4 and regulate the area and width at the front building line of the plot of ground for and used with such residence, the distance from any ttir S street and the distance from any other homesite boundary line that any part of a building may be located so that the area of the plot of ground for and used with such residence, its width at the front building line and the distance of the nearest part of any building from any i*Y 00285 street.or.from other homesite boundary line shall not'.be less than General Properties, Inc., its successors or assigns, shall deem proper and desirable.. No building shall be erected, placed, located or -permitted to -remain on any of said Lots herein platted closer to any street or thoroughfare than the building lines as shown on the attached plat. In the event said General -Properties, Inc its successors or assigns, fail to approve or disapprove any Plan and specifications for a proposed residence within 30 days after submission to it or if no suit to enjoin the erection or placing of such residence has been commenced prior to the completion thereof, such approval as to such residence will not .be required.•and this covenant will then be deemed to be fully complied with.as. Co such residence. There shall be no compensation to General properties,, Inc,., its successors or .assigns, for services performed peirsuant to. Chia covenant,. .PROPERTY OWNERSASSOCIATION: (i•). 3enersl-Pr•opertie.s',;:Inc: its. successors:and'..as.signa ;:aie hereby expressly. authorized to form..and ' � ,:•- incorporate an .Arkansas. nonprofit corporation as a Property Orere'• Assoc. ation ,embracing all .of the lots and lands in N.W 1/4 of SW. 1/4, 86 -114. of;.SW. 1/4 and SE-1/4 of :SW.1/:4, Section 33',' Township. 2 North, Ran'ge.13 West,, Pulaski County, Arkansas, now and hereafter included in TURTLE CREEK, an Addition to the City of Little Rock,, Pulaski County,. Arkansas,- to make reasonable -rules iand regulations with respe'cC, to the operation and continuance thereof and to levy and collect an annual assessment not exceeding $50.00 per lot on each lot now and hereafter. platted in said TURTLE CREEK, an Addition to the City of Litcle Rock, which shall constitute a lien on each lot, respectively, upon which such assessment is levied by such Property Owners' Association until the same is paid, which lien shall be, subordinate to the lien of any first mortgage, provided that the personal obligation of the owners -'of such respective lots for delinquent assessments shall not pass to his, its or their �74g' successors in title unless expressly assumed by them, such assessments to be used exclusively to pay reasonable, necessary expenses of the Property Owners' Association, for the improvement and maintenance of private common areas in said TURTLE CREEK, an Addition to the City of Little Rock, facilities and improvements thereon and to promote the ; i recreation, health, safety and welfare of residents in said TURTLE CREEK, an Addition to the City of Little Rock, and such other uses beneficial to members of the Association and authorized by its Articles of Incorpora- tion and By -Laws when and after such Property O�,m ers' Association is formed. i 1 _<: ..��r_,;;; � M1'3�: u�r`Wr•• • iJ .-- - • �. •tip..•_ �;• ;, - ����'�i '� •ft; � �:;;�-• �.;; i:: �- rG;•:C •ti:'•._,�. :'j... ,,, 'ram-;.1 ��,�4� ...� - .�_ .�y7;'r�,N„�+w,�21�t.J+,y: c 7r.:,,p-•'L�wi» ..4.�•i•K!..?4�-S�t�,'1r n7.�_r,''-�.,•' � ''ry''�,•?';�''di 00286 '. -5- F':. (ii) The maximum annual assessment specified in = (i) shall be increased on January 1, 1983, for the next succeeding. three years and at the beginning of each such,period of three years d: thereafter. The maximum annual assessment during each such three year period shall be the initial maximum asmual assessment specified, in (i) above increased by the same percentage as the percentage increase, it any, in the Consumer Price Index €or .the second month i• -; pre ceding. the beginning of the three year period for which thin t computation is made over the Consumer Price In for the month of Novembe.r, 1.479. "Consumer Price- Index" means the Consumer Price i index for .all Urban Consumers (CPIrU), All Items, U.S. Average (1967=100) which,:'is now compiled by the -U. S. Department-, of Lobar, ..as and -sha11 mean. and include such other index or statistics ab% may S succeed .it. as;_ adj:uated:'tQ, account- for :'any' change in the; standard71 3 reference b'a.se ear, ..r y- 'S.',.i.In addition to the aforementioned annual r " assessments -such Property Owners' Association. and .when•:formed) may R levy: in any year a special assessment applicab]e.to .that year for : ' . ' ` the purpose .of defraying in whole or in p rA Y g part the cast of any construction. a . reconstruction, fr, repair or FB p placement of a capital improvement upon the private common areas which may hereafter be established, provided '}' ` .that any such special assessment shall have the assent of members of .... such Property Owners' Association entitled to cast not less than two-thirds of all votes of such members who are voting in person or by proxy at a meeting duly called for that purpose, and provided Eurther that no such special assessment shall exceed an amount equal to three s times the current ,fixed annual assessment at the time such special a �f assessment is levied. (iv) Nothing contained herein shall. create a lien on any lot or land upon which an assessment may be levied until such xl; ' levy is made by the Property Owners' Association hereafter formed as j authorized herein. (e) SIGNS OR UNSIGHTLY OBJECTS, No billboard, poster, i sign, unsightly wall, unsightly fence, or other object of unsightly nature shall be placed or permitted to remain on any part of said land, except a name plate not exceeding one square foot in area as provided 2 '�', � S' r f."'. '..-�-, Fi :.4i t. Yf �' .,..•�..�--.....:�i:.:._......_..-,_.-... ~]'Ii�-.�- �-� 002V1 -6- in paragraph (a) hereof and except one sign only per lot not exceeding four square feet in 'area which may be displayed to advertise property for sale or rent; EXCEPT that on both Lot l and Lot,144, TURTLE CREEK, an Addition to the City of Little Rock, Pulaski County, Arkansas, grantor, its successors and assigns, expressly reserve the right to erect, replace and maintain a large sign or billboard 'to designate and.advertise said TURTLE CREEK,, an Addition to the City of Little Rock Arkansas. Each .and all of the restrictions•set forth herein shall he binding as covenants on present and future owners,. their hei:rs,•successors and assigns;' shall run with the land, and maybe enforced by any person or. corporationowning land, in the area described as follows: M4 1/:4 of SW. 1/4.:SW-1/4 of 5W 1/4 and'SE 1/4 of. SW' l/ �+; 5ect'ios[ 33, Townsh.ip 2: North r Range 13 . West, Pulaski.•County, Arkansas, - v;4F ' but, no.,: erson or corporation shall be liable for breaches couuriitted. . exce t duriri his-vr its ownership. in each suit for enforcement of P: g .i?sany,.00venant• ar, restriction contained herein, a reasonable at:torney'•s fee shall .be fixed by the Court for. .the attorney- of the person_.nstitu such suit .and. included as a part of the costs thereof. Any and a•11 of the covenants set forth in this instrument may be amended, modified, extended, changed or canceled in whole or in part from time to Give by written tnstrument(s) signed and acknowledged by the owner or owners of over 507 in area of the land last hereinbefore described and the right to amend, modify, extend, change and/or cancel shall exist at all times before January 1, 2010, and also shall exist at all times during each and every one of the successive ten, (10) ye63 ,periods provided for hereinafter.and shall become effective when.each i. such instrument is filed for record in the office of the Recorder of Pulaski County, Arkansas. 4 The covenants; restrictions, and provisions of this instrument i shall be automatically extended for successive periods of ten (10) years each on and after January 1, 2010, unless and until amended or canceled as authorized hereinbefore; and, in event of amendment or 1 cancellation from time to time as authorized hereinbefore then such t automatic extensions for successive periods of ten (10) years each { � shall apply to this instrument as so changed.