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May 4, 1961~~lz MINUTES CF A :ZEGULAR MEETING CF THE CITY WUNCIL CF THE CITY OF 1VFST M1/E6'IPHIS, ARKANSAS, I'fEL12.t1T T11~__CiTY__1~I~L'__IN SAID__CITY ~JN_'PHE_4TH DHY OF__"!WYi_1961~_AT 3_00_P.M_ The City Council of the City of kVest 'Memphis, Arkansas, met in regular session in the City of 'Jest ;Memphis at 3:00 o`clock P. hl, on the 4th day of Play, 1951. The following were present: Aldermen: R, E. Eden, J. F, Lackey, L. E, Roleson, C. H, Rowton, Y, G. Sims; and City Attorney ':9, H, Dillahunty, Absent: Aldermen: R. C. Bowie, Earl Felts, and C, I, Bollinger. It being determined a quorum was present, the following proceedings were had to-wit; D1inutes of Council ideeting on April 20, 1961, were approved as read, Estimate from Heath C Scarbrough, Contractors, for Fire Stations No. 2 and 3 in the amount or" x5,525.24 was presented, Motion was made by alderman Rowton, seconded by Alderman Eden: That the estimate be approved for payment as presented. Upn^ vote, the voting was as follows: Aye: Aldermen: Eden, Lackey, Roleson, Rowton, Sims. Nay: None. Application of James L. Moore to place circular produce stand with canvas too on front and side of trailer parked at 2107 E, 3roadway for seasonal selling that the Planning Commission had recommended be denied was presented. After discussion, motion was made by Alderman Eden, seconded by Alderman Lackey; That the recommendation of the Planning Commission be followed and the application be denied. Upon vote, the voting was as follows: Aye: Aldermen: Eden, Lackey, Roleson, Rowton, Sims. Nay: None. The Council was informed the Planning Commission had recommended the property of Ellis Poole on Broadway north to Thompson and west of CK Street be rezoned to 61-1 Industrial, The Council was advised the classification is in conformity with Toning Specifications being prepared by Erling Helland, and that Mr. Poole contemplates manufacturing trailers. After discussion, motion was made by Alderman Lackey, seconded by Alderman Sims: That a hearing on the rezoning of the Ellis Poole property be set for 3 P, M, June 1, 1951, and Notice he published in accordance with Ordinance No, 155. Upon vote, the voting .vas as follows: Aye: Aldermen; Eden, Lackey, Roleson, Rowton, Sims, Nay: None. Attorney J, H, Spears presented a ~1at of Lehr heights lying in the Southwest Quarter of Sec, 12, T-S-N, R-g-E, and Bill of Assurance. The Council was informed the Planning Commission pn Play 3, 1961, had recommended the °lat and Bill of Assurance be approved. After discussion, motion was made by Alderman Eden, seconded by Alderman Sims: That the Plat and Bill of Assurance of Lehr heights be approved. Upon vote, the voting was as follows: Aye: Aldermen: Eden, Lackey, Roleson, :owton, Sims, Nay: None. The Bill of Assurance read as follows: SILL CF ASSUR4NCE AND DEDICATIGN .41JD RESTRICTIONS AFFECTING LEIiR HEIGHTS ADDITION TO THE CITY OF SJEST MEMPHIS, ARKANSAS KNOW ALL PiEN BY THESE i'RESE.NTS; PART A, A-1, That Lehr PY Lehr, a partnership composed of tia.~ruerite Lehr and R, D, Lehr- ?•larguerite Lehr, individually; P, }l, Dacus, J, H, Vogel, James i~I, Bledsoe, D, C, Neal, 'A, O. '3y1er and John P. lJil son, Trustees, First ;dethodist Church of 4Jest P".emphis, Arkansas; and Crittenden Hospital Association, a benevolent corporatipn, being the owners of the land affected hereby, have filed for record and caused to be recorded in Plat Book 2 at page 195 in the Office of the Recorder of Crittenden County. Arkansas, a plat of the LEFIR HEIGHTS DDIT ION TO THE CITY QF NEST `dEhIPHIS, ARKANSAS, A-2, At the time of filing said plat for record, said owners did, and do hereby dedicate to public use all streets and alleys shown on said plat Tor use as streets a.nd alley s, A-3, It is the desire of the dedicators, to place certain safeguards and restrictions upon all of the lots situated in said Addition for the use and benefit of the future owners of said property; therefore, in consideration of the premises and in consideration of the mutual agreements herein made and set forth, the dedic#ors, their successors, assigns and grantees, and For their successors in title, do hereby agree that all of the lets in said Lehr Heights Addition to the City of nest Jlemphis, Arkansas, shall be, and they are hereby, restricted as to their isue in the manner and to the extent hereafter set forth, 5~ A-4, UEFIN ITIGNS :.F TERh1S. For the purpose of interpreting this instrument, the word "street" shall mean any boulevard, street or avenue of any name whatever, as shown on the recorded plat herein mentioned or upon any recorded plat to be hereafter filed and recorded embracing any of the lands described herein, The word "alley" shall mean arry alley shown nn any such recorded plat. The word "l:;t" shall mean any lot as shown on any such recorded plat, or any tract or tracts of land as onveyed which consists of one or more lots or pf parts of one or more lots as platted upon said recorded plat, upon which any building may be erected, which are owned, at the time of improvements by one or more persons. .4-5, PERSONS BOUND BY THESE RESTRICTIONS, All persons, firms and eerporations who now own, or who shall hereafter acquire, any interest in any of the lots mentioned herein, or affected !iereby, shall. he bound by the restrictions herein set forth, with the same force and effect as though they had joined in the execution of this instrument, it being the intention of the dedicators that al.l of said restrictions set forth herein shall be held to he covenants running evith the sand, binding upon all persons interested in said lots throuR_hout the whole period of time in which these restrictions shall remain in effect. PART B, AREA OF .4PPLIG4TION B-l, FULLY-PROTECTED !tESIllENTIAL AREA, The residential area covenants in Part C in their entirety shall apply to all of said Addition which comprises one block and consisting of ten lots, No, 1-10, both inclusive. PART C, RESIDENTIAL AREA COVENANTS C-1, LAND USE AND 9UILDING TYPE, fJo lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two stories in height and a private garage for not more than two cars, C-2. DvJELLING COST, QUALITY AND SIZE, No dwelling shall be permitted on any lot at a cost of less than £22,500,00, retail value of house exclusive of land, based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenant to assure that all dwelling shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein For the minimum permitted dwelling siae. The ground floor area of the main structure, exclusive of one-store open potcheseand garages, shall be not less than 2,000 square feet for a one-story dwelling, nor less than 1,200 square feet for a dwelling of more than one story. C-3. BUILDING LOCATION, (a) No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. In any event no building shall be located on any lot nearer than 45 feet to the front lot line, or nearer than 23 feet to any side street line. (b) No building shall be located nearer than 10 feet to an interior lot line, except that a 10 Foot side yard shall be repuired for a garage pr other permitted accessory building hated 50 feet or more from the minimum building setback line. No dwelling shall be located on any interior lot nearer than 15 feet to the rear lot line. (c) For the purposes of this covenant, eaves, steps, and oven porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building, on a lot to encroach boon another lot. C-4. LOT AREA AND !PIDTH, No dwelling shall be erected or placed on any lot having a width of less than 100 feet at the minimum building setback line nor shall any dwelling be erected or placed on any lot having an area of less than 14,000 square feet, C-5, EASEMENTS, Easements for installation and maintenance of utilities and 'drainage facilities are reserved as mown on the recorded plat and over the rear five feet of each lot, !Jithin these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction or flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall he maintained centinunusLy by the owner of the lbt, except for those improvements For which a public authority or utility company is responsible. C-G, NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. C-7, TEMPORAilY STRUCTURES, No structure of a temporary character, trailer, basement, tent. shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently, C-3, SIGNS, No sign of any kind shall be displayed tv the public view nn any lot except one sign of not more than five square feet advertising the property for sale or rent, er si.gns used by a builder to advertise the property during the construction and sales period. C-4, LIVESTOC:: AND PCL'LTRY, No animals, livestock, or poultry of any kind shall he raised, bred 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, C-10, 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 incinerators or other equipment for the storage or disposal of such material shall he kept in a clean and sanitary condition. C-11, SIGHT DISTANCE AT INTERSECTIONS. No fense, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadwa}s 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 25 feet from the intersection of the street lines, or in the case of a rounded propert}~ corner from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a diffveway or a17.ey pavement, Netree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. PART D, GENEi2AL PROVISIONS D-1, TEli`•i. These covenants are to run with the land and shall be binding nn all parties and all persons claiming under them for a period of twenty years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of g years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. D-2. EIVFORCE;vIENT, Enforcements shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. D-3, SEVERABILITY. Invalidation of any one of these covenants by judgment er court order shall in no wise affect any of the other provisions which shall remain in full force and effect, IN TESTIh1UNY WHEREOF, the said dedicators have signed their names this 3rd day of hiay, 1961, LEHR & LEHR, A Partnership /c/ Marguerite Lehr, Individually By /s/ .=Iarguerite Lehr /s! P, hi, llacus /s/ J, II, Vogel /sj James F., 3ledsoe ATTEST: /s/ P, hl, Dacus /s, ., P, ?ehr /~/ *Ieal js/ :. -. '.3vler /s,/ ~nhn. ', iilson TR['STEES, FL^.%S9' 'iETHGDIS^' ~:-SURCI: ,.r '.:'E ST ,4EiIP HIS, :"~.R::AP~SAci CRITTENDEN HCSPTTAL ASSOCIATION By /s/ C, L. Blanz, Jr. President ~*w* An Ordinance entitled "An Ordinance To Zone Block One (1), Lehr Heights Addition To The City Of West Memphis, Crittenden County, Arkansas" was introduced by Alderman Roleson, who moved the ordinance be read in full, The motion was seconded by Alderman Eden, and upon the ouestior, being put and the roll called, the following voted: Aye: Aldermen: Eden, Lackey, Roleson, Rowton, and °ims, Nay; None. An ordinance entitled "An Ordinance Annexing It'=. t'!~ Section F and the Ezst ?73 Feet o;' the - ~ o.` Section i:11. ir. Townshir o North, Range q East, Lying North of Ten-."~iiie Bayou and South of Highway 61 Right-o.-way, Containin ~; 1G',46 ?.c res, Zr The City of `9est i:emnhis, Crittenden County, z spt3" ~, ~,s rreser.t ed a.nd req. d., Tale Crunci'. was inr orned c^m' - :~~u r`. rdc o= ~;:e cer.ty ~r~ _. Critter d.en County anne ~mg said property had been filed. o.f ter discussion, motion was matte by Alderman Eder., seconded by Alderman Lackey: That the first reading of the ordinance be approved. Upon vote, the voting was as follows: Aye: Aldermen: Eder., Lackey, F;oleson, Rowton, Sims. IV ay• None. 5~ .-lttorney J. ii. Spears in behalf of the owners of Holiday Gardens, Inc. presented a plat of the Subdivision lying in the ~V?~, SIV'-_, Sec. 8, the east 273 Ft. of3'-, SE1, Sec. 7, ToN, R4E, Crittenden County, Arkansas, and Bill of Assurance. The°Counci'. was informed the Planning Commission had recommended the Plat and Bill of Assurance he approved, After discussion, motion was made by Alderman Lackey, seconded by ?lderma^ Rowton: That the Plat of Hcliday Gardens, Inc„ and the Bill pr" Assurance be approved, Upon vote, the vcting was as follows: Aye: Aldermen: Eden, Lackey, Roleson, Rowton, Sims. Nay: None, The Bill of Assurance read as follows: BILL OF ASSUi2ANCE AND DEDICATION AND itES'PRICTICI$ AFFECTING HOLIDAY GAi2DENS IN TI-IE CITY OF -VEST J~IEDiPRIS, A3I:ANSAS i:NOLV ALL 'dEN BY THESE PRESEIJTS PAi2T A, A-1, That Holiday Gardens, Inc., bein7 the owner of the lands affected hereby, has filed for record and caused to be recorded in Plat Book 2 at paces .1 P7 in the Office of the Recorder of Crittenden County, Arkansas, a plat of the HOLIDAY GARDENS SUBDIVISION TC THE CITY OF ',VEST b'iE7iPHIS, ARI:ANSAS, A-2. At the time of filing said plat for record, said Holiday Gardens, Inc, did, aRi does hereby dedicate to public use all streets and alleys shown on sad plat for use as streets and alleys. A-3, It is the desire of Holiday Gardens, Inc., the dedicator, to place certain safeguards and restrictions upon all of the Lots situated in said :\ddition for the use and benefit :;f the future owners of said property; therefore, in consideration of the premises and in consideration of the mutual agreemetts herein made and set forth, the dedicator, its successors, assigns and grantees, and for their successors in title, do hereby agree that all of the lots in said Holiday Gardens Subdivision to the City of ',Vest Memphis, Arkansas, shall be, and they are hereby, restricted as to their use in the manner and to the extent hereafter set forth. A-4, DEFINI'PIOIVS OF TERD~iS, For the purpose of interpreting this instrument, the word "street" shall mean any boulevard, street or avenue of any name whatever, as 3iown on the recorded plat herein mentioned or upon any recorded plat to be hereafter tiled and recorded embracing any of the lands described herein. The word "alley" shall mean any alley shown nn any such recorded plat. The word "lot" shall mean any lot as shown, on any such recorded plat, or any tract or tracts of land as conveyed which consists of one or more lots or of parts pf one or more lots as platted upon said recorded plat, upon which any building may be erected, which are owned, at the time of improvements by one or more persons. A-5. PERSONS BOUND BY THESE :ESTRICTIOP7S, ;411 persons, firms and corporations who now own, or who shall hereafter acquire., any interest in any of the lots ~nenticned herein, or affected hereby, shall be bound by the restrictions herein set forth, with the same force and effect as though they had joined in the execution of this instrument, it being the intention of the dedicator that all of said restrictions set forth herein shall be he7.d to be covenants running with the land, binding upon all persons interested in said lots throughput the whole period of time in which these restrictions shall remain in effect. FART B, :1REA GF APPLICATION B-1, FULLY-PitOTL'CTEll P,ESIDENTIAL .4tEA, i3locks 1-14, both inclusive, are hereby designated as "A" residential area. The residential area covenants in Part C in their entirety shall apply to Blocks 1-i4, both inclusive. B-2. PARTIALLY-PROTECTED ADJCIPiLiG RESIllENTIAL AR&1, Blocks 15, 16 and 17 and Lots 1-.t F, both inclusive, Blcct: 1S, are hereby designated as "C" multiple-family residence area. The residential area ccvena.nts numbered C-3 through C-13, both inclusive, in Part C shall apply to Blocks 15, 16, and 17 and Lots 1-16, both inclusive, Bloclc 18. B-3. COhihIERCIAL A RE.4. All of Block 18, except Lcts 1-16, both inclusive, is herebv designated as "D" commercial area, Uses and construction in this area shall be in accordance with the zoning ordinances of the City of Pest 'demphis, _._ _ __ I' ~' PART C, RESIDENTIA:. f1RE:; COVEAi.'iNiS C-i. rAND USE AtvD BUILDING TYPE, No let shall be used except for residcatial purposes. ~ IVo building shall be erected, altered, placed, or permitted to remair, on any lot other ~, than one detached single-family dwellin.~ pct to exceed two stories in hei~irt and a private garage for not more than two cars, f .--.. Dl/tLLING COST, QUALITY AND SIZE, iCe dwelling shall. be permitted on any let at a cost of less than S',C00.00, r=tail value rf house exclusive of land, based u^nn cost ~~ levels prevailing cn the date these covenants are recorded, it bei.nr the intentior. and ff' purpose of the covenant to assure that al] dwellin.ys shall he of z. duality d_` worymanshir I~' a.nd materials substantially the same ar better than that evhich can be ornduced on the date these covenants are retarded at the minimum cost stated herein for the minimum permitted dwe.llinc size. the around floor area of the main structure, exclusive of or.e-story coon porches and garages, shall be net .less than 7CJ syuare feet for a one-story dwelling, nor less than 800 square feet for a dwelling of mare than one story. L-3. BUILDING LC~Ci1TION, (al iVO building shall he located on any lot nearer tc the front '_nt line or nearer tc. the side street line than the minimum building setback lines shown on the recorded plat. In any evert no building shall be located on any lot nearer than 25 feet to the front lot line or nearer than 25 feet to any side street line. (b) Nc building shall be lacated ^earer than 5 feet to an interior lot line, except that a three foot side yard shall be required for r garage:cr other permitted accessory building located 50 feet or more front the nimum building setback line. No dwelling shall be lacated on any interior lot nearer than 15 feet to tite rear lot line. (c; For the purposes of this covenant, eaves, steps, oven porches and carports shall not be considered as a part or a. building, provided, however, that this shall not be construed to permit any portion of a building, on a lot to encroaci-i upon another lat. C-4, LOT AREA AND i4IDTfi, No dwelling shall be erected or placed on any let having a widtl, of less than Sir feet at the minimum building setbac:: line nor shall any dwelling be erected or placed or, any lot having an area. cr" less than 6,t)0~) square feet. C-5, EASE1!ENTS, Easements for installation and mni.ntenance of utilities and drainage facilities are reserved as shown nn the recorded plat o.nd over the rear five feet of each lot. '.^li thin these easements, no structure, plant ine or r^ther mlt erial shalt he placed permitted to remain evhich may damage or interfere with the installation and maintop a.nce of utilities, or which may change the direction or flow of drainage channels in the easements, or which ma. }' obstruct ar retard the flow of water through drain gee channels in the easements. The easement area of each lot and all improvements in it sh a1J he maintained centinueusly he the owner of the lot, extent for those improva;er,ts far which a public authority er utility company is responsible. -o. NUISANCES, ivo noxious or offensive activity shall be carried on upar, any lot, nor shall anything be done thereon which may be or may become ar. annayz.nce or nuisance to the ^ei~hborhood C.-?. TE"IPGRARY STRUCTURES, No s*.ructure of a temporary character, trailer, basement, tent, shack garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or per:ranently, C-5'. SIGi1S. P1o sign, of any I:ind shall be displayed to the public view cn any lot extent one sign of not more than five square r'eet advertisin}; the property for sale cr rent, ar signs used by a builder to advertise the property during the construction and sales period. C-9, CSL .4ND P:IA WING OFERATTONS. No oil drilling, oil development operations, ai'_ refining, quarrying or mining operations of any hind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations dr shafts he permitted upon or in any lot, No derrick or other structure designed for use in borir.n far oil or natural gas shall be erected, maintained or permitted upon any lot, C-10, LIVESTOCF AND PGL'LTR}'. io animals, livestoc6:, or ccultrv of any kind shall 6e raised, bred or kept on ar,y lot, except that dogs, cats or other househo7.'' nets may he 'coot >.lravided that they are not kept, bred, or maintained for any commercial nun-~d se. C-11, GARBAGE AND '2E.PUSE DISPOSAL, Nc lot shall. be used or maintained as a dumping ground for rubbish, Trash, garbage or other waste shall. nit he kept e;u ent i.n sanitarv containers. :ill incinerators or other equipment for the stara,e dr disposal such material shall be kept in a clear. anc'~. sanitary ec~nditian. -12, 3LGPE CGI1T12C-L A^,1~qS, Sl;.ne control areas ar reserved as sLnz:n n_~ the plan titled ^ilo liday C3ardens", and recorded as a part of tiie se covenants. ff ect ed lots are Rl.nc!a 1-' both inclusive, as shover. an the recerdec subdivision plat. !9ithin these slope control areas ne structure, nlanti.ny ar ether material sl-,all he ~ placed or permitted to remai^ nr nth er activities undei•t al.en which may daaage or interfere with established slope ratios, create erosion or sliding problems, ar wh.ich ma}~ change the direction of fl o~.v df drainage channels ar bostru ct or relay d. the flow of water through drainage channels. Tl:e s.tape control areas of each lot and al] improvements in them shall. be maintained cdntinously by the owner of the lot, except for those improvements for which a public auth r,r ity or utility company is responsible,