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HomeMy WebLinkAboutBill of Assurance 051523Prepared by; Harry E. McDermott, Jr. Union Life Building Little Rock, Arkansas WX 73PAGE 70 IMIL11., GIF ASS MM&I IClE KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, Cenark Corporation, is the sole owner of the following described land lying in the County of Pulaski, State of Arkansas, to -wit: Beginning at the SW corner of, the SEl NE4, Sec. 4 T-1-N, R-13-W thence run N 890 25119" W 321.04-thence S'00 29119" E 341.20' thence S 00 44119" E 323.151 thence N 890 4211911 W 305.86' thence N 00 44' 19" W 323. 15' thence N 00 29'19""W 342.9Z' thence N 890 25'19" W 6 59 t thence N 890 2312Z'- W 540' tht2i ce.N go 34141" E 184.69' thence N 890 251191, W 301 thence N 00 34141'- E 125' thence S 890 2511911 E 58' thence N 450 614611 E 255.77' thence N 110 5511911 W 95' thence S 890 2511911 E 135' thence S 00 348.4111 W 25' thence S 890 251191' E 60' thence N 00 34141" E 151 thence S 890 Z51191' E 120' thence N 00 34'41" E 35' thence S 890 25' 19" E 60' thence N 00 341411' E 45' thence S 890 25' 19-' E 175' thence N 00 341411' E Z20' thence S 600 581191, L 438.55' thence S 779 30'07" E 414.99' thence S 700 0Z.'Z7" E 177.95' thence S 150 00147" E 15I ,38' the"a S 440 Z9144" E 50' thence S 450 31' 13'- W 5Z.88- thence $ 290 131534 W- 7Z.38' thence N 770 591070 W 176.70' thencu S 00 51'33" W Z75' to the point of beginning, all located in the S£4 of the NEf and the SW-', of the Nk:+ and SE1 of NWi all in Sec. 4, T-1-N, R-13-W to be known as Lots 39 through 147, Rat 2, Birchwood Addition to the City of Little Rock. Pulaski County, Arkansas, and a replat' of Pratt 1 Birchwood Addition Plat 1. WHEREAS, it is desirable that all of the above described property be subdivided into lots. Blocks, tracts and Streets: NOW THEREFORE, WiTNESSETH: THAT WE, the said Cenark Corporation, hereinafter termed grantor, has caused said tract of land to be surveyed by R. E. Blaylock, Registered Professional Engineer, and a plat thereof made which is identified by the title Birchwood Addition and the date 5-31-60 and by the signature of the said engineer and the said grantor, and bears a Certificate of Approval executed by the Little Rock Planning Com- mission and the Pulaski County Planning Board, and is of record in the office of the Q Circuit Clerk and ex-offioio Recorder of Pulaski County, Arkansas, in Plat Book 8 Page 6-41 - and the grantors do hereby make this Bill of Assurance. And the grantors do hereby certify that they have laid off, platted and, dub - divided and do hereby lay off, plat and subdivide, said real estate in accordance wi th said plat. The lands embraced in said plat shall be forever known as Birchwood Addition. The grantors hereby dedicate to the .public forever an easement -of way on and over the streets as shown by said plat, to be used as public streets. Box 734 PAGE 74 -2- There are strips of ground shown on said plat and marked "Utility Easement" and "Drainage Easement" reserved for the use of public utilities and for drainage purposes respectively, subject at all times to the proper authorities and to 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-officio Recorder of Pulaski County shall be valid and complete delivery and dedication of the streets and @asemente shown on the said plat. The lots in said subdivision shall be sold by the grantors and shall be purchased by the buyers thereof subject to the following covenants, to -wit: 1. No 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 single-family dwelling not to exceed tWo and one half stories in height and a private garage for not more than two cars. 2. 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. 3. The ground floor area of any dwelling constructed on any lot or part thereof shall be not less than 800 square feet. In all cases the ground floor area shall be the area of the building within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages, exterior or secondary stairways, portecocheres and out buildings. 4. No building shall be erected, placed or altered on any lot until the con- struction plans and specifications and a plan showing the location of the structure have been approved by the architectural control committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any etreot than the minimum building setback line unless similarly approved. Approval shall be as provided under paragraph following, 9017x 734 PAGE 72 -3 - The architectural control committee is composed of Harry E. McDermott, Jr., L. W. Booker and Berch Henry, Little Rock, Arkansas. A majority of the committee may designate a representative to act for it. In the eventd death or resignation of any members of the committee, the remaining members shall have the full authority to designate a successor. Neither the members of the committee, nor its designated representatives shall be entitled to any compensation for services performed, pursuant to this covenant. At any time, the then record ow lers of a majority of the lots shall have the power through t to change the membership of the committee or to a duly recorded written instrumen withdraw from the committee or residre to it any of it's powers anddities. 5. No building or fence shall be constructed on any lot nearer to the street than the building line shown on said plat. No building shall be located nearer than S feet to an interior lot line of 1010 or the average width of the lot, whichever is least, provided however, such side yard need not exceed 9 feet inw4dth, except that side yard shall be a minimum of 3 feet for a garage or other' permitted accessory building located 35 feet or more from the minimum building setback line. For the purpose of this covenant, eaves steps and open porches shall not be considered a part of the dwelling. No dwelling shall be nearer than 25 feet to the rear lot line. 6. No buildings, fences, incinerators, paved driveways, or any other permanent y kind, whethe,'r herel� specifically enumerated or not, structure or improvements of an shall be built or maintained 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 deetructipn of same in maintaining or repairing its lines located wit" the area of said easement. 7. No sign of any kind shall be displayeq to the public view on any lot except one professional sign of not more than bne square fobt, one sign of no more than 5 sale qr rent, or signs used by a builder to square feet advertising the property for advertise the property during the construction and sales period. 8. Temporary structures; no structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used 6n any lot at any time as a residence either temporary or pe rntanently. sang 734 Pdf,E 73 -4- 9. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and b feet above the roadways shall be placed or p: rmitted 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 line, 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 at such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 10. No obetruction shall be placed in the street gutter. Curbs shall be broken at driveways, and driveway grades lowered to meet the gutter flow line or not more than 2 inches above said flow line. 11. The covenants and restrictions are to run with the land and shall be binding upon all parties and all persons 'claiming under them until 1999, at which time said covenants and restrictions shall terminate unless a majority in area of then owners of the lots in said addition agree in writing to extend said covenants and restriction's, either in whole or in part. 12. These covenants and restrictions shall not be amended, cancelled, or supplemented unless an instrument signed by at least sixty percent (60%) of theavners of the aforesaid lots is placed of record agreeing to change these covenants and restrictions in whole or in part. 13. In the event of any attempt to violate any of the covenants or restrictions he rein, before the expiration d$te hereof, it shall be lawful for any person or persons owning a lot or Iota in said addition to prosecute any proceedings at law or in equity against the person or persona violating or attempting to violate any such covenant or restriction, and either to prevent him or them from so doing or to recover damages or other dues for such {violation. BOOK 734 PAGE 74 -5- 14. The invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any Hof the other provisions, *ich shall remain in full force and effect. IN WITNESS WHEREOF, the said grantors have hereunto set their hands and seals on this 11--t day of 1960. r CENARK CORPORATION B y. President '•.ArkXEST, - Secretary STATE OF ARKANSAS) ) se COUNTY OF PULASKI) ACKNOWLEDGMENT On this Lt day of , 1960, before me, a Notary Public, duly commissioned and acting wi 'n and for tie said County and State, appeared in person the within named L. W. Booker and Berch E. Henry to me personally well known, who stated that they were the President and Secretary of Cenark Corporation, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of Genark Corporation, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consid- eration, uses and purposes therein mentioned and set forth. 1 TESTLmONY WHEREOF, ) have hereunto set myland slid seal this /_r'. day of- z` _ 1960. / Gk mac/ otary Public My.,coiiunised�,eicpires: L IIG . UFILED FOR RECQRD 19b v , 6T .��•:�i APID RECORD - 196D, '(SM11 RODE 3I i R, CIRCUIT CLER$, PLAT BOOK NO B PAGES 6 BIRCHWOOD ADDITION PLAT NO. 2, LOTS 39 THRU 147 INCLUSIVE. LOCATED IN THE SE 1/4. NEI/4 9 SWIM,NEI/4 SE I/4, N W 1/4SEC.4 T-I-N, R-I3-W. AND A REPLAT OF TRACT, 1, BIRCHWOOD ADDITION PLAT 1, PULASKI OUNTY, ARKANSAS. �,�,T..ITrrrr. �r7,ngms�mrJ 0 CERTIFICATE OF FINAL APPRO— TIE � wMW,Yw •y Q..L gPP[OF<O+ ngsL.-- n.nnwn or o+.r.