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BILL OF ASSURANCE Boom 940 PAGE290
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Eagle Properties, Inc., an Arkansas corpora-
tion, (hereinafter called Grantor), is the sole owner of the
following described real property situated in Pulaski County,
Arkansas, to -wit:
and
Beginning at a point on the West line of
Section Six (6), Township One (1) South,
Range Twelve (12) West, in Pulaski County,
Arkansas, which point is 1095.3 feet North
of the Southwest corner of said Section Six
(6); thence North along said West line 185.1
feet to a point; thence North 89 degrees 38
minutes East for a distance of 969.5 feet to
a point on the East line of the West half
(Wz) of the Southwest Quarter (SW'k) of said
Section Six (6); thence South 0 degrees 41
minutes West along said East line 320.1 feet
to a point; thence South 89 degrees 38
minutes West for a distance of 622 feet to a
point; thence North 135 feet to a point;
thence South 89 degrees 38 minutes West 344
feet to the point of beginning;
WHEREAS, it is desirable that all of the above
described property be subdivided into lots and streets;
NOW, THEREFORE, WITNESSETH: That the said Grantor
has caused said tract of land to be surveyed by Edward G.
Smith & Associates, Registered Professional Engineer, and a
plat thereof made which is identified by the title "Drexel
Place", a subdivision, and the date July 1, 1965, and by the
signature of said engineer and an officer of said Grantor,
and bears a Certificate of Approval executed by the Little
Rock Planning Commissioner (and the Pulaski County Planning
Board), and is of record in the office of the Circuit Clerk
and ex-officio Recorder of Pulaski County, Arkansas, in
Plat Book at Page and the Grantor does hereby
make this -Bill of Assurance.
B90K 944 �a�;E�96
And the Grantor does hereby certify that it has laid
off, platted and subdivided, and does hereby lay off, plat
and subdivide said real estate in accordance with said plat.
The lands embraced in said plat shall be forever known as:
Lots 1 through 22, DREYEL PLACE SUBDIVISION.
The Grantor hereby dedicates to the public forever
an easement of way on and over the streets as shown by said
plat, to be used as public streets.
There are strips of ground shown and dimensioned on
said plat as easements which are reserved for the use of pub-
lic utilities and for drainage purposes, subject at all times
to the proper authorities andrto the easement herein reserved.
Owners of lots in this subdivision shall take their titles
subject to the rights of public utilities and the public.
The filing of this Bill of Assurance and plat for
record in the office of the Circuit Clerk and ex -off icio
Recorder of Pulaski County shall be a valid and complete
delivery and dedication of the streets and easements shown
on the said plat.
Hereafter, conveyance and description of any of said
lands by lot number, as shown on said plat, shall be a proper
and sufficient description thereof.
The lots in said subdivision shall be sold by the
Grantor and shall be purchased by the buyers thereof subject
to the following covenants, to -wit:
1. LAND USE AND BUILDING TYPE. No lots shall be used
except for residential purposes. Use of each lot shall be
limited to one (1) single family dwelling not to exceed two
(2) stories in height. No detached building, including, but
not limited to, garages, carport, and servants' quarters,
- 2 -
BooK 940 wii?97
shall be erected, altered, placed or permitted to remain on
any lot; provided, however, that a garage, carport and serv-
ants' quarters may be erected on any lot if such structure is
either attached to or attached from a single family dwelling.
2. DWELLING COST QUALITY AND SIZE. No dwelling
shall be permitted on any lot at a cost of less than $10,000
based upon cost levels prevailing on the date that this instru-
ment is recorded. It is the intention and purpose of this
covenant to assure that all dwellings shall be of a quality
of workmanship and materials substantially the same or better
than that which can be produced on the date that this instru-
ment is recorded at the minimum cost stated herein for the
r
minimum permitted dwelling size. The ground floor area of
the main structure, exclusive of open porches, garages, car-
ports and servants' quarters, shall be not less than 1,000
square feet. At least one-half of the front elevation of
each dwelling shall be of brick veneer construction.
3. AREA OF LOTS. No lot shall be resubdivided into
nor shall any dwelling be erected or placed on any lot or
building site having a width of less than 60 feet at the
building line or an area of less than 7,000 square feet.
4. BUILDING AND INTERIOR LOT LINES. No building or
fence shall be constructed on any lot nearer to the street
than the building line shown on said plat. *bui7a",S shall
Then eaves, sand Gpe_ „ras-are net wnsidev,.a�-
part of a building; and no building shall be located nearer
than six (6) feet to an interior lot line) -when eaves, steps Gov/�
and open porches are considered as a part of a building. No
main building shall be built on any lot in said subdivision
nearer than 25 feet to the rear lot lines.
- 3 -
BOOK 940 PAGE298
5. UTILITY EASEMENTS. No building, fences, incin-
erators, paved driveways, or.any other permanent structure or
improvement of any kind, whether herein specifically enumerated
or not, shall be built or maintained witjiin 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.
6. SIGNS. No sign of any kind shall be displayed to
the public view on any lot except one professional sign of not
more than one (1) square foot,' one sign of not more than five
(5) square feet advertising the property for sale or rent, or
signs used by a`builder to advertise the property during the
construction and sales period.
7. PROHIBITED STRUCTURES. No structure of a tempo-
rary character, trailer, basement, tent, shack, garage, barn
or other outbuildings shall be used on any lot at any time as
a residence, either temporarily or permanently.
8. SIGHT LINES. No fence, wall, hedge or shrub
planting, which obstructs sight lines at elevations between
two and six feet above the roadways, shall be placed or per-
mitter] 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 property corner from the
intersection -of the street on any lot within ten 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
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Bank 940 %,299
foliage line is maintained at sufficient height to prevent
obstruction of such sight lines.
9. 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; such nuisances shall include but not be
limited to the customary parking or storing of a motor
vehicle or any substantial part thereof upon any lot upon
which no residence is located and in the front or side yards
of any lot (exclusive of driveway and carport) on which a
residence is located.
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 con-
tainers. All incinerators or other equipment for the storage
or disposal of such material shall be kept in a clean and
sanitary condition in rear yard.
11. LIVESTOCK AND POULTRY. No animals, livestock or
poultry of any kind shall be 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 purposes.
12. CURBS AND GUTTERS. No obstruction shall be placed
in the streets, gutter curbs shall be broken at driveways;
and driveway grades shall be lowered to meet the gutter line
not more than two inches above gutter grades.
13. DURATION OF RESTRICTIONS. These covenants and
restrictions are to run with the land and shall be binding on
all parties and all persons claiming under them for a period
of 30 years from the date these covenants and restrictions
- 5 -
Booty 940 i,�AcEIO®
are recorded, after which time said covenants and restric-
tions shall be automatically extended for successive periods
of ten years, until the end of such 30 years or the end of
such a period of ten years following the,date on which an
instrument signed by the then owners of 80% of all of the*
above mentioned lots has been placed of record in the office
of the Recorder for Pulaski County, Arkansas, agreeing to
change such covenants and restrictions in whole or in part.
14. AMENDMENT OF RESTRICTIONS. These covenants and
restrictions may be added to, altered, changed, supplemented
or otherwise amended at any time by an instrument signed by
the owners of at least 80% of the above mentioned lots which
shall become effective when filed of record in the office of
the Recorder for Pulaski County, Arkansas, provided, however,
that any such amendment must be approved by the Little Rock
Planning Commission before it may become effective.
15. ENFORCEMENT OF RESTRICTIONS. In the event of any
attempt to violate any of the covenants or restrictions herein
before the expiration date hereof, it shall be lawful for any
person or persons owning a lot or lots in said subdivision to
prosecute any proceedings at law or in equity against the per-
son or persons violating or attempting to violate any such
covenant or restriction, and either to prevent him or them
from so doing, or to recover damages or other dues for such
violation.
lb. SEVERABILITY OF RESTRICTIONS. The invalidation
of any one of these covenants or restrictions by judgment or
court order shall in no wise effect any of the other pro-
visions, which shall remain in full force and effect.
900, 940 PAGE UI
17. ARCHITECTURAL CONTROL. Architectural control is
hereby retained by Grantor as to the lots numbered above in
Drexel Place Subdivision. No building, wall or fence shall
be erected, placed or altered on any of said lots until com-
plete building plans, specifications and plot plan showing
the location thereof with respect to existing topography and
finished ground elevations have -been submitted to, and
approved in writing by, Grantor, its successors or assigns.
It is the purpose and intent of this covenant that, in order
to assure all homeowners of the safeguard of a reasonable
degree of neighborhood conformity and harmony, the quality,
design and location of all residences be regulated as pro-
vided hereinbefore. In the event the said Grantor, its
successors or assigns, fails to approve or disapprove any
such plans and specifications within thirty days after the
same are submitted to it, such approval will not be required
and this covenant will be deemed to be fully complied with.
There shall be no compensation to said Grantor, its succes-
sors or assigns, for services performed pursuant to this
covenant.
EXECUTED this 3jJ3t-day of July, 1965.
EAGLE PROPERTIES, INC.
President
ATTEST:
Secretary
y' (CORI'UUTE SEAL)
BOAK STATE -OF E ARKAN gAS
)ss.
COUNTY -OF PULASKI).
ACKNOWLEDGMENT
On this day personally appeared before the under-
signed "a Notary Public within and for the County and State
aforesaid, duly qualified, commissioned and acting, the
within named William V. Richards and Beresford L. Church,.Jr�
to me well known, who stated that they were the President
and Secretary, respectively, of:Eagle Properties, Inc., an
Arkansas corporation, and were duly authorized in their
respective capacities to execute the foregoing instrument
for and in the name and behalf of said corporation, and
further stated and acknowledged that they had so signed,
executed and delivered said instrument for the consideration•,
uses and purposes therein mentioned and set forth.
WITNESS my hand and official seal on this��sf day
of July, 1965.
.T
M'y;..Commission Expires:
(SEAL)
Notary Public
p
P11ED FOR 1 ACOPD
(SEW ROGER McNAIR, CIRCUIT CLERK.
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