HomeMy WebLinkAboutBill of Assuranceka.3-91—JoII'iled for Rocord 11(p 3.96 Z , at : _ 1So" o10oYA_JJ, e
(SLAL) and recorded , 196.2,... ROGER MONAIIt, clans
BILL OF ASS RANCE AND PROTECTIVE
COVENANTS FOR SECT ION " B" CARDINAL
HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK AMNS AS. 8110K 803 mv245
W. GORDON BROWN AND HILDRETH B. BROWN
To
THE PUBLIC
WHEREAS, W. Gordon Brown and Hildreth B. Brown, hereinafter called grantors,
are the owners of the following described property in Pulaski County, Arkansas,
to -wit:
Part of the NE-1/4 SW-1/4 Section 1, T-1-N, R-13-W, Pulaski
County, Arkansas,, described as follows: Beginning at the NW
corner of the E-1/2 of said NE-1/4 SW-1/4, thence South
87° 47' East 120 feet, thence South 1° 23' West 311,1 feet,
thence Southeasterly 681.93 feet along a curve having a radius
of 433.55 feet, thence South 880 38' East 140 feet, thence
South 10 22' West 121 feet, thence North 880 38' West 219.5
feet, thence South 770 35' West 332.3 feet, thence North
880 38' West 173.5 feet, thence North 20 32` East 16.1 feet,
thence -North 1° 45' East 70.0 feet, thence North 00 24' East
139.0 feet, thence North 0040' East 145.8 feet, thence North
20 39' East 65.0 feet, thence North 20 55' East 62.0 feet,
thence North 245.0 feet, thence North 00 24' East 215.0 feet,
thence South 630 22' East 30. 4 feet to the point of beginning,
containing 5.5 acres, more or less.
and it is deemed desirable that the above property as described be now sub-
divided into building lots and streets as is shown on the attached plat, and
that the said property be held, owned and conveyed subject to the protective
covenants herein contained in order to enhance the value of the said property;
NOW THEREFORE, the said W. Gordon Brown and Hildreth B. Brown, for and
in consideration of the benefits to accrue to them, which benefits are hereby
acknowledged to be of valuer have caused to be made a plat, hereto I attached,
identified by the title, Section "B" Cardinal Heights Addition to the City of
Little Rock, Arkansas, showing surveys made December 22, 1961, signed by
G. A. Denham, Registered Engineer, and by said grantors, and bearing a
certificate of approval executed by the Little Rock Planning Commission, show-
ing the bounds and dimensions of the property now being subdivided into lots,
and its descriptions by lots and streets; the grantors hereby donate and dedicate
to the public forever an easement of way on and over said streets as shown by
said plat, to be used as public streets. In addition to the streets, there are
shown on said plat certain easements which shall be forever held for the purpose
of affording -'access by public utilities to the lots in this subdivision for the
purpose of servicing them, together with an easement as shown on the said plat
for drainage easement,_ and the said easements shall not be occupied by buildings.
The filing of the Bill of Assurance and Plat for record shall, upon filing in
the Office of the Circuit Clerk and ex-officio Recorder of Pulaski County, Arkansas,
be a valid and complete delivery and dedication of the streets andeasements
shown on the said plat.
The lands embraced In said Plat shall forever be known as Section "B"
Cardinal Heights Addition to the City of Little Rock, Arkansas, and any and
every deed of conveyance for any lot therein described by the number or numbers
as shown on said Plat shall be deemed a sufficient description thereof. The
owners of the separate lots in this subdivision shall own to the centerline of
all streets upon which said lots touchy subject to the public easement.
so 803 PAGE246 _ 2 -
The grantors hereby reserve the right to use any surplus dirt in said streets
for their own use and benefit.
Said land herein platted and any interest therein shall be held, owned, and
conveyed subject to, and in conformity with, the following covenants which,
subject to being amended or cancelled as hereinafter provided, shall be and'
remain in full force and effect until January 1, 1999,, to -wit:
1. LAND USE AND BUILDING TYPE - Said 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
one detached single-family dwelling not to exceed two and one-half stories in
height, no detached outbuildings permitted, such classification of outbuildings
to exclude detached garage.
2. ARCHITECTURAL CONTROL - No building shall be erected, placed, or
altered on any property in this subdivision until the building plans,, specifications,
exterior color scheme and plot plan showing the location of such building with
respect to existing topography and finished ground elevations have been approved
in writing by the grantors, their successors or assigns; provided, that the grantors
shall have the right, by an instrument in writing, to create an Architectural Control
Committee to be composed of not less than three property owners in this sub-
division, and to transfer to such Committee the full authority herein reserved by
the grantors. In the event the grantors or any Architectural Control Committee
hereinafter established, fails to approve or disapprove any plans, specifications,
exterior color schemes, or plot plans submitted to it, as herein required, within
30 days after such submission, the covenant shall be deemed to have been fully
met by the person submitting such plans for approval. Nothing herein contained,
nor the required consent of the grantors or any Architectural Control Committee,
shall in any way be deemed to prevent any of the owners of property in this sub-
division from maintaining legal action relating to improvements within this sub-
division which they would otherwise be entitled to maintain. There shall be no
compensation to grantors, or any Architectural Control Committee hereinafter
established, for the services performed pursuant to this provision.
3. MINIMUM PRINCIPAL DWELLING SIZE - No residential structure shall
be constructed, or permitted to remain,, upon any building site in this SUI)division,
the square foot area of which, exclusive of eave overhang of such residential
structure, shall be less than 1200 square feet roof area. The minimum square
foot roof area requirement shall be computed in a horizontal plane to the outside
top plate line of the structure.
4. BUILDING LOCATION - No building including porches and/or open car-
ports shall be located on any building site nearer to the front lot line or nearer
to the side street line than the minimum building setback lines shown on the
recorded plat.. No building shall be located. nearer than a distance equal to
10% of the width of the lot at the front building line or 8 feet, whichever is the
least, to an interior lot line. For the purposes of this covenant, eaves shall
not be considered as part of the building. No building shall be located on any
lot nearer than 25 feet to the rear lot line. In the event of the purchase of more
than one lot by any purchaser for the erection of one dwelling, the land so pur-
chased shall be deemed and considered as one lot for the purpose of determining
the location of building.
5. LOT AREA AND WIDTH -- No dwelling shall be erected or placed on any
building site having a width of less than 60 feet at the minimum building setback
line, nor shall any dwelling be erected or placed on any lot having an area of
less than 7,000 square feet.
-. 3 - som 803 vcE247
6. EASEMENTS - Easements for installation and maintenance of utilities
and drainage are reserved as shown on the attached plat.
a. No building, fences, incinerators, paved driveways, or any
other permanent structure or improvement of any kind, whether
herein specifically enumerated or not, shall be built or main-
tained within the area of any of the easements shown on the*
plat, and in the event any such obstruction is placed thereon
in violation of this restriction and reservation, no utility will
be liable for destruction of same in maintaining or repairing
its lines located within the area of said easement.
7. 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.
8. TEMPORARY STRUCTURES - No trailer, basement, tent, shack, garage,
barn or other outbuildings, 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.
9•. SIGNS - No sign of any kind shall be displayed to the public view on
any building site except one professional sign of not more than one square foot,
one sign of not more than five square feet advertising the property for sale or
rent, or signs used by a builder or developer to advertise the property during
the construction and sales period.
10. LIVESTOCK AND POULTRY - No animals, livestock, or poultry of any
kind shall be raised or kept on any building site, except that dogs, cats, or
other household pets may be kept, provided that they are not kept for any
commercial purpose.
11. SIGHT DISTANCES AT INTERSECTIONS -No fence, wall, hedge or
shrub planting which obstructs sight lines at elevations between 2 and 6 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 connect-
ing them at points 25 feet from the intersection of the street -property lines, or
in the case of a rounded property 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 driveway or alley pavement. No tree 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.
12. FENCES - No fence, wall, hedge or mass planting shall be permitted
to extend beyond the minimum building setback line established herein, except
upon approval by the grantors or the Architectural Control Committee. No fence,
wall, or other structure shall be erected along property lines without prior
approval of design, construction and materials by the grantors or Architectural
Control Committee.
13. STREETS AND GUTTERS - No obstruction shall be placed in streets or
gutters. Curbs shall be broken at driveways, and driveway grades lowered to
meet the gutter line not more than two (2) inches above gutter grades.
14. AMENDMENTS - Any and all of the covenants, provisions or restrictions
set forth in this Bill of Assurance may be amended, modified, extended, changed,
or cancelled, in whole or in part, by a written instrument signed and acknowledged
by the owner or owners of over 80% in area of the land in this Subdivision, and
any change must be approved by the Little Rock Planning Commission, and the
provisions of such instruments so executed shall be binding from and after the
date it is duly filed for .record in Pulaski County, Arkansas. These covenants,
restrictions, and provisions of this instrument shall be deemed covenants running
with the land, and shall remain in full force and effect unless and until amended
or cancelled as authorized hereinbefore.
-r ,
BOO!;8 33 VC1248
- 4 -
15. SEPARABILITY - Invalidation of any restriction set forth herein, or any
part thereof, by an 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.
IN TESTIMONY WHEREOF, the names of the grantors are hereunto affixed
this 22nd day of December_, 1961.
STATE OF ARKANSAS
SS.
COUNTY OF PULASKI
r
W. Gordon brown
ACKNOWLEDGMENT
Hildreth B. Brown
BE IT REMEMBERED,. that on this day personally appeared before me, the
undersigned, a Notary Public within and fore W ri named Stnd ateGordon Brown
duly qualified, commissioned and acting,
and Hildreth B. Brown, his wife, to me well known, and stated and acknowledged
that he had executed and delivered the foregoing instrument for the consideration,
uses and purposes therein mentioned and set forth.
And on the same day also appeared before me the said Hildreth B. Brown,
wife of said W. Gordon Brown and acknowledged that she so executed the said
instrument of her own free will, without compulsion or undue influence of her
said husband, and declared that she had released and relinquished dower and
homestead therein as pertains to public roadways and easements as described.
IN WITNESS WHEREOF, I have hereunto set my hand• and official seal as
'' Public on t7 ram- day of I961.
his
6--u;Cli -Notary
.��:�;.••� • ;;�t' ''~ ,Notary Public
• (FOR PLAT, SEE PLAT BOOK #11 PAGE 23).
My Commission Expires:
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