HomeMy WebLinkAbout14124ORDINANCE NO. 14,124
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED OFF
HINSON ROAD JUST WEST OF WINDSOR COURT CONDOMINIUMS
IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING
SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY
OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES.
WHEREAS, this acreage, to -wit: Beginning at the entrance to the
Hillsborough Subdivision and continuing in a Northwestern direction to
Lot 904 Longlea Subdivision, is considered part of the total tract for
density calculation purposes in relation to overall sewer capacity; and,
WHEREAS, the developer has entered into a covenant to build Hinson
Road at his sole expense as specified in Ordinance No. 14,034 and the
Declaration of Covenants appended thereto, as recorded at the Pulaski
County Courthouse as Document No. 81- 25500, Pages 367 through 377, on
June 29, 1981.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,
ARKANSAS.
SECTION 1. That the zone classification of the following property
be and is hereby changed as indicated:
Z- 2848 -F - Described as part of the SE 1/4 SW 1/4 Section 29,
T -2 -N, R -13 -W Pulaski County Arkansas more particularly des-
cribed as follows: Beginning at the SW corner of the SE 1/4
SW 1/4 of said Section 29; thence N 00 004'41" W, 1,314.95
feet; thence S 890 25' 03'' E, 544.62 feet to a point on the
West right -of -way line of Hinson Road; thence along said
right -of -way line and the arc of a curve concave to the West
having a radius of 580.34 feet and a chord bearing and distance
of S 12° 52' 28'' E, 199.13 feet to the P.T. of said curve;
thence S 02° 59' 44'' E and along said right -of -way line,
195.25 feet; thence S 890 55' 19'' W, 198.63 feet; thence
S 006 04' 41'' E, 540 feet; thence S 890 55' 19'' W, 150 feet;
thence S 00° 04' 41'' E, 365.85 feet to a point on the South
line of the SE 1/4 SW 1/4 of said Section 29, said point also
being on the North line of Hillsborough Subdivision as recorded
in Document 78- 25029, Plat Book A -86 of the Pulaski County
Records; thence N 88° 49' 50'' W and along the North line of
said subdivision a distance of 250.06 feet to the point of
beginning from "R -4" Two Family District to "MF -6" Multi -
Family District, LESS AND EXCEPT the South 50 feet thereof
which is hereby zoned "OS" Open Space District as a buffer.
SECTION 2. That the map referred to in Section 43 of the Code
of Ordinances of the City of Little Rock and designated district map
be and is hereby amended to the extent and in the respects necessary
to effect and designate the change provided for in Section 1 hereof.
SECTION 3. That the Ordinance shall take effect and be in full
force from and after its passage and approval.
PASSED: October 6, 1981
ATTEST: C APPROVED-
City Clerk Mayor
See Ordinance No. 14,03
DECLARATION OF COVENANTS
WHEREAS, Western Little Rock Co., an Arkansas corporation,
(hereafter called "Declarant ") has made application to the
appropriate authorities of the City of Little Rock, Arkansas
requesting a change in the zone designation of the property
described hereinbelow from "R -2" Single Family to "MF -6" and
"MF -12" Multi- Family; and
WHEREAS, Declarant has represented to the Little Rock
Planning Commission, in conjunction with certain public hearings
held before said Commission preparatory to that Commission's
recommendations to the Board of Directors, that Declarant will
enter into an instrument, in recordable form, imposing certain
restrictive covenants upon the use and development of said
property;
NOW, THEREFORE, WITNESSETH that this declaration is
made in order to fulfill Declarant's commitment and Declarant
does hereby covenant, all of the covenants contained herein
to be construed and effectuated as covenants running with the.
land, as follows:
1. The land subjected to these covenants lies in
Pulaski County, Arkansas and is described as follows:
Part of the SW 1/4, Section 29, T -2-N, R- 13--W, Pulaski
County, Arkansas being more particularly described as
follows:
Beginning at the northwest corner of the NW 1/4,
SW 1/4, Section 29, T -2 -N, R -13 -W, Pulaski County,
Arkansas, said point being on the northline of the
said NW 1/4, SW 1/4 and also being on the south line
of "Pebble Beach Park," Little Rock, Pulaski County,
Arkansas filed in plat book A -133, Pulaski County
Courthouse; thence S 39 °57141 "E along the north line
of the said NW 1/4, SW 1/4, said line also being the
south line of the said "Pebble Beach Park" for 749.89'
to a point on the west line of "Longlea Addition,
Phase IX ", Little Rock, Arkansas filed in plat book
A -101, Pulaski County Courthouse; thence S 7 °32'30 "E
along the west line of the said "Longlea Addition,
Phase IX" for 299.139; thence S18 009103 "E along the
west line of the said "Longlea Addition, Phase IX"
for 157.9'; thence S49 048'23 "E along the west line
-2-
of the said "Longlea Addition, Phase IX," along the
arc of a curve to the left having a radius of 600.29'
for an arc length of 171.23', said arc having a long
chord of 170.65' on a bearing of S38 139132 "E, to the
southwest corner of the said "Longlea Addition, Phase
IX;" thence S46 055!07 "E along the west line of an
80.0' wide easement for the use as a public road
(Hinson Road), said easement being filed in deed
record book 1450 at pages 300 and 301, Pulaski
County Courthouse, for 767.20'; thence continue along
the west line of said easement in a southeasterly direction
along the arc of a curve to the right having a radius
of 580.34' for an arc .length of 244.12', said arc
having a long chord of 242.32' of a bearing of S34 °52'06 "E
to a point on the north line of "Longlea South,"
Little Rock, Arkansas, an unrecorded plat; thence
N89 °19'24 "W along the north line of the said "Longlea
South" an unrecorded plat for 544.07' to the southeast
corner of the NW 1/4, SW 1/4, Section 29, T -2 -N, R -13 -W,
Pulaski County] Arkansas; thence N89 °11'45 "W along
the south line of said NW 1/4 SW 1/4, for 1326.53'
to the southwest corner of the said NW 1/4, SW 1/4;
thence N00 017'10 "E along the west line of said
NW 1/4, SW 1/4 for 1328.12' to the northwest corner
of the said NW 1/4, SW 1/4, said corner being the point
of beginning, containing 37.533 acres more or less.
2. As stated above, Declarant's initial application had
been for rezoning of the entire tract of land, above described, to
MF -6 and MF -12 Multi- Family zone classification which would permit
a density of 6 to 12 units per gross acre. In the .: -nurse of tho
..'gkca £ fy bi3"'t
re- zoning procedure, Declarant has agreed to have %t Y
tract to be designated MF -6 Multi- Family. Declarant now coven � <
that it will develop the entire above described tract only for uses
and density permitted in the MF -6 Multi - Family zone designation of
the Little Rock Zoning Ordinance.
3. Attached hereto and made a part hereof by this reference
is a plan of survey prepared by W. Finley Williams, registered land
surveyor, dated April 20, 1981. Said plat shows certain areas, as
more particularly described therein, which are designated "OS" or
"Open Space." Generally, but without altering the more specific
description shown with reference to said plat, the OS areas consist
of a strip along the eastern side of said property, all areas lyin
above the 470 foot contour lane, and approximately 1.18 acres in the
Southern part of said property and the North 100 feet of the described
_ ,_____-A
.� -3-
with respect to the North 100 feet of "OS" as herein designated,
area "C" such space will not be used for recreational purposes and
no roads or structures will be built or placed thereon. Since it
is recognized that this particular OS designation is for the second
purpose set forth in the "Purpose and Intent" section of the Little
Rock Zoning Ordinance dealing with the Open Space districts, it is
especially covenanted that no building or structure, other than
recreational areas, may be erected in the areas designated as OS
areas "A" or "B" on the attached plat.
4. Declarant further covenants that a six foot high
privacy fence (other than of chain length construction) will be
erected on the south side of the OS (designated as area "C" on
attached plat of survey) at least 30 days prior to the commencement
of any construction on the re -zoned tract. Declarant further
covenants that the structures built nearest to area "C" on the
attached plat of survey will not exceed one and one-half stories
in height.
5. Declarant covenants that it will, at its sole expense,
cause a portion of Hinson Road to be paved and curbs and gutters
installed therein all according to and in compliance with the
specifications of the City of Little Rock for such paving and such
curbs and gutters. The total width of the paving and curbs and
gutters will be 48 feet from back of curb to back of curb. The
portion of Hinson Road to be "so paved and curbed and guttered is
described as: Beginning at the entrance to Hillsboro Subdivision
and continuing in a generally northerly direction to Lot 904, Longlea
Subdivision. Declarant covenants that said work will be commenced
within three years from the date of which the change in zoning
classification becomes effective or at the time of filing of final.
plats for MF -6 use and development,.whichever first occurs.
Declarant further covenants that the work will be prosecuted to
3
and complexes in which housing units may be rented and leased
to the public. Declarant is also aware that the possibility
that rental and lease units will be developed on the above
described property has been a source of considerable concern
to interested property owners in the area. Accordingly,
Declarant covenants that it will develop the above described
property designated as MF -6 for use as condominium units developed
pursuant to the Horizontal Property Act being Act 60 of 1961
(First Extraordinary Session), now codified as Ark. Stat. §50 -1001.
et seq., as amended. Declarant further covenants that it will
offer said condominium units for sale to the public but it will
not, under any circumstances, lease or rent any of said units.
�
. The effectiveness of these covenants is conditioned
upon the above described property being finally re -zoned so as to
designate same as being MF -6 Multi- Family (it being understood
that Declarant has covenanted and does hereby covenant that the
whole of said tract will be used in compliance with the MF -6 zone
classification) and these covenants will be null and void and
of no force whatsoever if such zone reclassification does not
occur or if, following such re- zoning, the City of Little Frock
or its representatives or any agency thereof take any action
that would so adversely affect the property that it could not be
feasibly used and developed consistent with MF -6 Multi - Family
zoning.
8. Declarant further agrees that so long as the
present sewer policy of the City of Little Rock, Arkansas, as
it applies to the Sewer Improvement District No. 222, is in force
and effect, that it will not on the property herein being
rezoned and on two other tracts described below, exceed a
density that would require more than three sewer tie -ons per
acre for the aaarrriAfo. i -r,ca Ao-rPaae of the three tracts. The
,;
-5-
Tract 1
373
Part of the NW 1/4, NW 1/4 Section 29, T -2 -N, R -13 -W,
Pulaski County, Arkansas more particularly described
as follows:
Beginning at the NW Corner of said NW 1/4 NW 1/4;
thence S0 114'08 "W 1043.05' along the West line of
said NW 1/4 NW 1/4; Thence S51 °09'00 "E 250'; Thence
South 45.55' to a point on the North R -O -W line of
Pebble Beach Drive; Thence Easterly along said North
R -O -W line to a point on the West R -O -W line of
Hinson Road; Thence Northerly along said West R -O -W
line to the Northwest corner of Longlea Addition
second installment;Thence 362 120'18 "E 41.19' to a
point on the centerline of R -O -W Hinson Road; Thence
Northlerly along said centerline to a point on the
North line of said NW 1/4 NW 1/4 Section 29; Thence
Westerly along said North line to the point of
beginning containing 13 acres more or less.
Tract 2
Part of W1 /2 Section 29 T -2 -N, R -13 -W, Pulaski County,
Arkansas more particularly described as follows:
Beginning at the NE corner of SW 1/4 said Section 29;
Thence along East line of said SW 1/4 S0 024152 "E
1356.41'; Thence continue along said East line
S0024'44 "E 1295.08' to a point on the centerline of
R -O -W of Hinson Road; Thence Northwesterly along
said centerline 2747.88'; Thence along .East boundary
of Longlea Addition Phase 9 to the following courses
and distances; N43 *00'08 "E 2101; N46II59'52"W I17.25's N07042'32 "W 533.0'; N50 °55104 "E 585.77'; N27152104I r `
161.0'; Thence along South boundary of Longlea Addiito
first installment the following courses and distances
S25 053'59 "E 152.95; S70 °00'45 "E 704.36'; and S15000133"E
179.54'; Thence S00 °15'47 "E 151.1'; Along East line
of NW 1/4 said Section 29 to the point of beginning
containing 68.2 acres more or less
8. These covenants are, and are hereby declared
by Declarant to be, covenants running with the land and will to
binding upon Declarant, its successors and assigns. Said covenants
may be enforced by appropriate agencies of the City of Little
Rock, Arkansas and by
any person owning property in Longlea
F�
Subdivision
or Pebble
Beach Park Subdivision, the latter beirwj
subdivisions
approved
by t-he Office of C : r nsive P1 -f
t,
of the City
of Little
Pock. Thase c4'i,,% j4-
9
altered or
ansended except
,{
by written instrument :A ecxst
Declarant,
its successors
or assigns, and approved by the
nf t-hp City of Little Rock, Arkansas
-6-
9. If any term or provision of this Agreement, be
invalid or unenforceable, the remainder of this agreement shall_
not be affected thereby, and each term and provision of this
agreement shall be valid and be enforced to the fullest extent
permitted by law.
IN WITNESS WHEREOF, the Declarant has executed, acknow-
ledged, and delivered this instrument by causing same to be
placed of record in the Land Records of Pulaski County, Arkansas,
this "(_?2"' day of V_ 1981.
WESTERN LITTLE ROCK CO.
ATTEST:
/r -
- By: / S/
Secretary
ACKNOWLEDGMENT
STATE-OF ARKANSAS )
SS
COUNTY OF PULASKI )
x
On this day, before me personally appeared _
r
and
personally well known, who acknowledged that they were the
to me
President and Secretary of Western Little Rock Co. a corporation,
and that they, as such officers, being authorized so to do, had
executed the foregoing instrument for the purposes therein
contained, by signing the name of the corporation by themselves
as such officers.
Witness my hand and official seal this c,79 'V day of
1981.
t1y Commission Expires:
Notary Pu lic
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(See Ordinance #14.034
and Covenants)
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C E R T I F I C A T E
STATE OF ARKANSAS)
COUNTY OF PULASKI) SS
CITY OF LITTLE ROCK)
I, Jane Czech, City Clerk within and for the City aforesaid,
do hereby certify that the foregoing is a true and correct copy
of Ordinance No. 14,034 of the Ordinances of the City of Little
Rock, Arkansas, entitled: "AN ORDINANCE RECLASSIFYING PROPERTY
LOCATED ON THE WEST SIDE OF HINSON ROAD IN SECTION 29, TOWNSHIP
2 NORTH, RANGE 13 WEST, IN THE CITY OF LITTLE ROCK, ARKANSAS
AMENDING SECTION 43 OF THE
LITTLE ROCK, ARKANSAS; AND
Board of Directors of said
now appearing of record in
at page 538.
IN WITNESS WHEREOF, I
Office on this 29th day of
CODE OF ORDINANCES OF THE CITY OF
FOR OTHER PURPOSES "; passed by the
City on April 21, 1981, said Ordinance
my office in Ordinance Record No, 27,
have hereunto set my hand and Seal of
June, 1981.
94A � - I-., r� �
I I C
City of Little Rock, Arkansas