HomeMy WebLinkAboutBill of Assurance 072721mica. 0273
JG 68199 LeRodc,ARW
BrLL OF ASSURANCE
.� 96-27818/PECTEN
r of im
V '' �CI 714 " VALLEY COMMERCIAL NEIGHBO ROOD
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, DELTIC FARM & TIMBER CO., INC., an Arkansas
corporation (hereinafter called "Deltic"), is the owner of certain
property described in Exhibit "A" attached hereto and made a part
hereof which property is hereinafter referred to as the "Chanel
Valley Commercial Neighborhood."
WHEREAS, the Chenal Valley Commercial Neighborhood is part of
the community known as Chenal Valley and is subject to those
certain Covenants and Restrictions filed November 22, 1989 in the
office of the Circuit Clerk of Pulaski County, Arkansas as
Instrument No. 89-61706 (the "Covenants and Restrictions")and all
amendments thereto; and
WHEREAS, Deltic has caused to be incorporated Chenal Valley
Commercial Property Owners Association, Inc. for the purpose of
administering the maintenance of the common area and amenities
specific to the Chenal Valley Commercial Neighborhood and Chenal
Valley Property Owners Association, Inc. for the purpose of
administering the maintenance of the common areas and amenities
benefiting all of the various neighborhoods in Chenal Valley; and
WHEREAS, all owners of lots within the Chenal Valley
Commercial Neighborhood will be members of Chenal Valley Commercial
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, a portion of the property included in the Chenal
Valley Neighborhood was previously plated as Lot 1, Chenonceau
Commercial Subdivision in Chenal Valley by Plat filed January 29,
1996 in the Office of the Circuit Clerk and Ex-Officio Recorder of
Pulaski County, Arkansas as Document No. 96-7594 in Plat Book E
(the "Plat") and the property described in said Plat is hereby
subjected to the terms and restrictions of this Bill of Assurance
in place of that certain Bill of Assurance filed on even date with
the Plat as instrument No. 96-7594 on January 26, 1996 in the
Office of the Circuit Clerk of Pulaski County, Arkansas.
WHEREAS, it is deemed advisable that all of the property
described on Exhibit "A" hereto be held, owned and conveyed subject
to the protective covenants herein contained, in order to enb6nae,,,+�
the value of the Chenal Valley Commercial Neighborhood. ....% [ �� •.,•
I�v:.n.�pNeemd.sa
kpemEe :1, 1V76
0280
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, hereby donates and
dedicates to the public an easement of way on, over and under the
streets on said Plat to be used as public streets. In addition to
the said streets, 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.
Said lands herein described on Exhibit A and any interest
therein shall be held, owned and conveyed subject to and in
conformity with the following covenants:
1. Additions to Chenal Valley Commercial Neighborhood.
Additional lands of Deltic may become subject to this Bill of
Assurance and added to Chenal Valley Commercial Neighborhood in the
following manner: Deltic shall have the right but not the
obligation to bring within the Chenal Valley Commercial
Neighborhood additional properties, regardless of whether or not
said properties are presently owned by Deltic, as future phases of
the Chenal Valley Commercial Neighborhood, provided that such
additions are in accord with the general plan of development for
the Chenal Valley Commercial Neighborhood (the "Chenal Valley
Commercial 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
Chenal Valley Commercial Neighborhood and is maintained in the
office of Deltic and provided such proposed additions, if made,
become subject to assessments of the Chenal Valley Commercial
Property Owners Association, Inc. for their share of expenses.
UNDER NO CIRCUMSTANCES shall this Bill of Assurance or any
supplement or the Chenal Valley Commercial General Plan bind Deltic
to make the proposed additions or to adhere to the Chenal Valley
Commercial General Plan or any subsequent development plan shown on
the Chenal Valley Commercial General Plan. Nor shall Deltic be
precluded from conveying lands in the Chenal Valley Commercial
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 Chenal
Valley Commercial 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
rw— J. It .
I . , 27. 1"6 - 2 -
0281
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 Chenal Valley Commercial Neighborhood
unless Deltic shall indicate in writing that such additional lands
may be included. Deltic shall also have the right to remove from
Chenal Valley commercial Neighborhood any property subjected to
this Bill of Assurance provided Deltic is the sole owner of the
property to be removed. This right shall be exclusive to Deltic,
its successors and assigns only.
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. For a period of thirty (30) years from the
date hereof, that portion of the property subject to this Bill of
Assurance known as Lot 1, Chenonceau Commercial Subdivision of
Chenal Valley shall be held, owned and used only for the operation
of a twenty-four hour convenience store with the retail sale of
motor fuel, retail and restaurant purposes. Provided however, an
alternative use of this property may be made provided Developer has
approved such alternative use by written instrument signed and
acknowledged by Developer and filed for record in the office of the
Circuit Clerk of Pulaski County, Arkansas.
4. Common Amenities. The areas in the Chenal Valley
Neighborhood hereafter designated as common areas (the "Common
Areas") for Chenal Valley Neighborhood and all improvements
thereon, including but not limited to, all walls, lighting,
irrigation and landscaped areas shall be maintained by the Chenal
Valley Commercial 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 Chenal Valley Commercial 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.
mh_,i.ldmml M.
S.p.,.h. 27. If" -3-
0282
6. Creation of Obligation for Assessments. By acceptance of
a deed or other conveyance of property covered by this Bill of
Assurance, each owner of a lot within Chenal Valley Commercial
Neighborhood shall be deemed to covenant and agree to pay any
assessments, charges and/or special assessments which may
hereinafter be levied by the Chenal valley Commercial Property
Owners Association, Inc. for the purpose of promoting the
recreation, health, safety and welfare of the owners within the
Chenal Valley Commercial Neighborhood, in particular for the
acquisition, servicing, improvement and maintenance of the Common
Area within the Chenal valley Commercial Neighborhood and
facilities which may be hereafter dedicated for use by Deltic or
otherwise acquired by the Chenal Valley Commercial Property Owners
Association, Inc. and such amounts shall be a change on the land
and a continuing lien upon the lot. Each such assessment, together
with interest, cost of collection and reasonable attorney's fees,
if any, shall also be the personal obligation of the owner of such
lot at the time when the assessment or special assessment fell due.
The personal obligation for delinquent assessments or special
assessments shall not pass to an owner's successor's in title
unless expressly assumed by them.
7. Heiaht and Tvne of -Structure. The structures in the
Chenal Valley Commercial Neighborhood shall be of compatible
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.
8. Setback Requirements. All buildings built on any lot
shall comply with the setback restrictions imposed upon the lot on
either a recorded plat in the Circuit Clerk's office of Pulaski
County, Arkansas or in the deed to each purchaser of a lot.
Setback restrictions are covenants running with the land. Provided
however, such setback requirements may be modified if such
modification is approved by the Architectural Control Committee and
if required by law, the Little Rock Planning Commission or the
Little Rock Board of Adjustment or such other regulatory agency as
may succeed to their functions.
9. 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 lot 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.
f:Nm��{eNam l.b
$epl..W, r, M -4
0283
10. 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, 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.
11. Cesspool. No leaching cesspool shall ever be constructed
or used on any lot.
12. Existing Structure. No existing, erected building or
structure of any sort may be moved onto or placed on any of the
above -described lots.
13. Temporary Structure. No trailer, tent, shack, garage,
barn or other outbuilding 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 except for temporary
structures used for construction office purposes.
14. Easements for Public Utilities and Drainaoe. 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.
15. 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
lawns. Fencing of any type must be approved by the Architectural
Control Committee as provided in paragraph 2 hereof.
16. Sight Line Restrictions. No fence, wall, hedge or shrub
planting which obstructs sight lines at elevations between two and
'-5-
0284
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.
17. 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 dimers-ons and distances as disclosed by the
established pins, the pins as set shall control.
is. 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.
19. Division of Lot. For a period of thirty (30) years from
the date hereof, no platted lot within the Chenal Valley Commercial
Neighborhood shall be subdivided without the consent of Developer
by written instrument signed and acknowledged by Developer and
recorded in the office of the Circuit Clerk of Pulaski County,
Arkansas.
20. 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
rmm o'd�.eo.
sue, n,low - 6 '
0285
no event, be deemed to be a waiver of the right to do so
thereafter.
21. 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 Chenal
valley Commercial Neighborhood provided for a period of thirty (30)
years from the date hereof, any such amendment, modification,
extension, change or cancellation must be approved by Developer by
written instrument signed and acknowledged by the Developer and
filed of record in the office of the Circuit Clerk of Pulaski
County, Arkansas. 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 Chenal Valley Commercial Neighborhood has been recorded
prior to the commencement of any ten-year period.
22. 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.
23. 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,
c-ay 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 ten (10) thereof will not engage the use of the
surface in any oil drilling, oil development operating, oil
refining, quarrying or mining operations.
24. 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.
25. Severability. 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.
e-
s.r-ft, a. love —7 —
EXECUTED this _L511111 day of bvi,n�[/ 1996.
DELTIC FARM & TIMBER CO., INC.
httest:
/t alter K. toton-/'
Assistant Secretary
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF
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 Walter K. Compton being the
President and Assistant 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 Assistant
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
this — day of iAgK
My Commission Expires:
MY COMMISSION EXPIRES 09.01.2005
C:..—UA....,,�. %I..
s.}.�. n. wce — B —
1
hereunto set my hand and seal
. 1996. ............
90
STATE OF ARKANSAS
COUNTY OF UNION
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 Walter K. Compton being the
President and Assistant 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 Assistant 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 WKE OF, I have hereunto set my hand and seal
this t day of j
1996.
n
N T Y PUBLIC
My commission expires:
MY COMMISSION EXPIRE. Q9-Q1;2fl05 �;�o�+M• Fk•
1+10TAr
�`•. p�►8L1C
TY
LWx�NmnW,Kaa1.Mu
6 s—ft, a.:7b 10
W; (;8139 0289
Lot 1, Chenonceau Commercial Subdivision in Chenal Valley, an
Addition to the City of Little Rocky and
Part of Section 36, T-2-N, R-14-W, Pulaski County, Arkansas, more
particularly described as: Starting at the center of said
Section 36; thence S 0 deg. 45 min. 34 sec. W along the North -
South centerline of said Section 36, 1,021.60 ft. to a point;
thence Northwesterly along the arc of a 2,864.79 ft. radius
curve to the left, having a chord bearing and distance of
N 22 deg. 55 min. 54 sec. W, 873.62 ft.; thence N 31 deg. 42 min.
05 sec. W, 305.18 ft. to the point of beginning; thence N 31 deg.
42 min. 05 sec. W, 1,260.40 ft. to a point; thence N 58 deg.
01 min. 11 sec. E, 55.59 ft. to a point; thence Northeasterly
along the arc of a 1,432.39 ft. radius curve to the right, having
a chord bearing and distance of N 68 deg. S5 min. 41 sec. E,
542.22 ft. to a point; thence N 79 deg. 50 min.14 sec. E, 600.53
ft. to a point; thence S 33 deg. 22 min. 03 sec. E. 885.66 ft. to
a point; thence S 25 deg. 25 min. 37 sec. W,' 337.71 ft. to a
point; thence S 66 deg. 30 min. 55 sec. W, 898.43 ft. to the
point of beginning, containing 31.9493 acres more or less: and
Part of Sections 25 4 36, T-2-N, R-14-W, Pulaski County,
Arkansas, more particularly described as: Starting at the center
of said Section 36; thence S 0 deg. 45 min. 34 sec. W along the
North -South centerline of said Section 36, 1,02I.60 ft. to a
point; thence Northwesterly along the arc of a 2,864.79 ft.
radius curve to the left, having a chord bearing and distance of
N 22 deg. 55 min. 54 sec. W, 873.62 ft.; thence N 31 deg. 42 min.
OS sec. W, 2,164.01 ft. to a point; thence Northwesterly along
the arc of a S,729.58 ft. radius curve to the right, having a
chord bearing and distance of N 31 deg. 15 min. 34 sec. W, 88.36
ft. to a point; thence N 58 deg. 43 min. 02 sec. E, 926.33 ft. to
the point of beginning; thence N 8 deg. 52 min. 50 sec. W, 323.88
ft. to a point; thence N 21 deg. 15 min. 02 sec. H, 579.40 ft. to
a point; thence N 3 deg. 07 min. 48 sec. W, 640.43 ft. to a
point; thence Southeasterly along the arc of a 1,432.39 ft.
radius curve to the left, having a chord bearing and distance of
S 77 deg. 56 min. 24 sec. E, 287.02 ft. to a point; thence
S 83 deg. 41 min. 19 sec. H, 354.95 ft. to a point; thence
Southeasterly along the arc of a 477.46 ft. radius curve to the
right, having a chord bearing and distance of S 39 deg. 48 min.
04 sec. E, 661.99 ft. to a point; thence S 4 deg. OS min.
07 sec. W, 4I1.27 ft. to a point; thence Southeasterly along the
are of a 1,145.92 ft. radius curve to the left, having a chord
bearing and distance of S 4 deg. 54 min. 34 sec. By 358.36 ft. to
a point; thence S 74 deg. 31 min. 35 sec. W, 916.88 ft. to a
point; thence N 68 deg. 11 min. 5S sec. W, 323.11 ft. to the
point of beginning, containing 35.2353 acres more or less. and
'Wk:oZ3-
0
A part of the SW1/4 of the sEi/44 Section 14, and a part of the
NWi/4 of the SE7/4, Section 14, all in T-2-N, R-14-W, Pulaski
County, Arkansas, being more particularly described as: Commencing
at the SE corner of the said SW1/4 of the SE1/4, section 14; thence
N88.081540W along the South line of the said SW1/4 of the SE1/4,
Section 14, 331.16 ft. to the point of beginning; thence
N33°00,38"W, 422.17 t. 176.10 totaepointean the proposed ed East 354.59 ightthence
of-
way line of Chenonceau Boulevard; thence Northeasterly along the
arc of a 999.93 ft. radius curve to the left and the said proposed
East right-of-way line of Chenonceau Boulevard a chord bearing and
distance of N41029123"E, 329.81 ft., thence N26007132"E along the
said proposed East right-of-way line of Chenonceau Boulevard
237.93 of -way line along thence S63048150"n
of Chenonceau H ulevard,5.00 ft d the thence ealong thegarc
Of a 1004.93 ft. radius curve to the left and the said proposed
East right-of-way line of Chenonceau Boulevard, a chord bearing and
distance of N14006'56"E, 410.50 ft.; thence N02006'58"E along the
;aid proposed East right-of-way line of Chenonceau Boulevard, 94.84
ft.; thence along the arc of a 904.93 ft. radius curve to the right
and the said proposed East right-of-way line of Chenonceau
Boulevard, a chord bearing and distance of N08049137"E, 213.87 ft.
to a point on the South right-of-way line of Arkansas state Highway
No. 10; thence S75053137"E along the said South right-of-way of
Arkansas state Highway No. lo, 9o.
line of the said NW1/4 of the 3E153 ft.; thence S709oGf39"E along
the said South right-of-way line of Arkansas State Highway No. 10,
194.18 ft.; thence S03°01'01"W, 305.43 ft. to a point on the south
/4, Section 14; thence M0904612841W
along the said south line of the NWi/4 of the SE1/4, Section 14,
54.78 ft.; thence 801°01154"W, 1323.24 ft. to the point of
beginning, containing 16.66 acres more or less.
Pl�ar�kmaooun�dMx fl�l
i81 MMEGO.
ub1Utm M J
SECOND SUPPLEMENTAL 96-27828/PECTEN
DECLARATION OF COVENANTS AND RESTRICTIONS
OF CHENAL VALLEY
This Second Supplemental Declaration of Covenants and
Restrictions of Chenal Valley made this A-5µ day of
SG.1 r•.l._ 1996 by Deltic Farm & Timber Co., Inc. (the
"De eloper" or the. "Declarant").
WHEREAS, Developer caused to be filed in the office of the
Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas
that certain Declaration of Covenants and Restrictions of Chenal
Valley (the "Declaration of Covenants") on November 22, 1989 as
Instrument No. 89-61796 creating a community known as "Chenal
valley"; and
WHEREAS, Developer filed that certain First Supplemental
Declaration of Covenants and Restrictions of Chenal Valley on
October 20, 1993 as Instrument No. 93-72036 whereby additional
properties were added into Chenal Valley; and
WHEREAS, pursuant to Article II of the Declaration of
Covenants Developer has elected to again bring additional lands
into Chenal Valley.
NOW, THEREFORE, the Developer hereby dedicates and declares
that the property described on Exhibit "A", attached hereto and
made a part hereof, shall be held, transferred, sold, conveyed and
occupied subject to the covenants, restrictions, easements, charges
and liens set forth in the Declaration of Covenants and such
Property herein described on Exhibit "A" shall be forever known as
and constitute a part of the community of Chenal Valley -
FURTHERMORE, Developer hereby declares that in the event of
any conflict between the provisions of the Declaration of Covenants
and Restrictions and the Bill of Assurance of Chenal Valley
Commercial Neighborhood, the terms of the Bill of Assurance shall
control as to the property included in the Chenal Valley Commercial
Neighborhood.
1�-k a cj
Oe •7
�i