HomeMy WebLinkAboutBill of Assurance 082123i
j
S
g=- R1f,IIT OF I:AY FASF.MFVT ,
D-2A #LA & 2A
79-47771L
KNOW ALL MEN BY THESE PRESENIS:
TRAT Brenda J" Cate, a single person
J
Grantor (a),
for Clem sum of
TEN AND NO/100 DOLLARS
($ 10.00 ) and other valuable consideration paid by the Hoara of
Commissioners of Suburban Sanitary Sewer Improvement District No. 222 of Pulaski
County, Arkansas, the receipt of which is hereby acknowledged, does (do) hereby,
subject to prior recorded mortgages and easements, if any, grant, bargain, sell
and convey unto Suburban Sanitary Sewer Improvement District No. 222 of Pulaski
County, Arkansas, Grantee, and unto its successors and assigns forever, the
following described casements:
1. A PERMANENT RIGHT, PRIVILEGE AND EASEMENT with the right of ingress
and egress across adjacent land of the Crantor(s), for the purpose of permitting
the Grantee to lay, construct, maintain, repair, replace, test and inspect
sewer miins, whether one or more, and appurtenances thereto, now and at different
times in the future, without the payment of additional compensation therefor.
The Rrautor(s) may hereafter, it Crantor(s)' risk, use the surface of the
easement for any purpose not inconsistent with the rights hereby conveyed, but
may not place a building upon the right of wny. This permanent easement shall
be upon the following described lands situated in Pulaski County, Arkansas,
to-wir:
Part of Lots 9 & 10, Block 9, Section 'A', Secluded 94 11s
Estates, Pulaski County, Arkansas Glose particularly des-
cribed as follows:
A strip of land 5' in width as dedicated by Revised
Plat of Section 'A!, Secluded_ Rills Fstatis." )llsa,
the west 10 feet of said Lot 9.
FIL_D&SECO?DCc.
?_ems.
2. A TQIPOR,IRY RIGHT, PRIVILEGE AND EASEMENT for*the purpose of permitting
the Grantee to clear and remove all obstructions therefrom, except buildings,
store excavated materials, tools, supplies and equipment and provide working
space. This temporary easement shall begin when the Grantee commences its initial
work on the permanent easement and shall terminate one year from that date or
when the work is completed, whichever is earlier. This temporary easement
shall be upon the following described lands situated in Pulaski County. Arkansas,
to -wit:
Part of Lots 9 & 10, Block 9, Section 'A', Secluded 'A',
Secluded Hills Estates described as follows:
The West 40 feet of said Lot 9, and the North 20 feet
of said Lots 9 & 10:
This inatT out yreDarsl Tr
House. felnea & Jewell
1550 Toae: Bldg.
Little Hock, Arkansas
79-47i71
557
Upon complatlun or Lhe initial or nny subsequent work by the Grantee, the
F Gran Lee shall backr I I L :nut LlwroughI'. campacc all LXCaVatluns to minlmlze
settling and shall level the surfarr over its excavations and pipe linc(s), remove
4 all excess excavated materials and debris and leave the premises in a clean
sanitary condition. If the initial work by the Crantee damages any fence, curb
j or paved surface upon the right(s) of way, the Grantee, at its expense, shall
lif repair or replace the damaged portion with materials of like quality and as
nearly as possible to its prior condition.
To have and cc hold said easement(s), rights and privileges unto the Crancee,
and unto its sure
essets and assigns forever, for the purposes aforesaid.
And Grantcr(sA covenant( with Grantee, its successors and assigns, that,
subject to prior recorded mortgages and casements, if any, bMfshe/ 'tbvjtwill
forever warrant and defend the title to said easement(s) and rights agafast
cite claims of all persons whomsoever and that Grantee, its successors and assigns,
I shall have at all times the quiet use and enjoyment of said easemeat(s) and
rights.
Moixit,
a']�nO�Xp9a�l
OOtl�IxiLSOfajxXtgt19101CX�Elrid
WITNESS my/our hands this / /day
of
I f1 ii
Brenda S. cr
STATE OF ARKANSAS)
)SS. ACKNOWLEDGNENf
COUATY OF PULASKI) On this day personally appeared before the undersigned, a Notary Public
wi Lhin and for the County and State nforesaid, duly qualified, coexaissione¢
and acting, Brenda S
to me well known as Oo Grantot(16, in
the foregoing masont:nt(s) and stated that hcl.1he they had MAC.utcA he+Fame
for Lho consideration and purposes therein mentioned and set forth.
WITNESS my hand and official seal on this day of
197 9 .
Notary Publfc % / -
my comm, expires:
(Seal)
RTGHT OF :•'AY P.ASRMF.N'f
;
LAT D-2-A $1 6 2
7&-477jo
�6V— v 6-3 ujs'.s
KNOW ALL LIEN UY THESE PRESENTS:
'" ' ter. _. .iar�r- . I _
THAT _ .- Brenda J. Cate,
a single U&Sk5 6 j
Grantor (s),
for the sum of
TEN AND N01100 DOLLARS
(5
10.00 ) and other valuable consideration paid by che. Board of
CasaisSiener5 of Suburban Sanitary Sewer Improvement:Districe No. 222 of Pulaski
County, Arkansas, the receipt of which is hercby acknowledged, does (do) hereby,
subject to prior recorded enrtgages and easenente, if any, grant, bargain. sell
and convey unto Suburban Sanitary Sewer Improvement District No..222 of Pulaski
County, Arkansas, Grantee, and unto its successors and assigns forever, the t'
following described casements:
1. A PERM&RENT RIGHT, PRIVILEGE AND EASEMM'with the right of ingress '
and egress across adjacent land of the Grantor(%). for the purpose of permitting
the Grantee to lay, construct, maintain, repair, replace, test and inspect
sewer mains, whether one or more, and appurtenances thereto, now and at different �•
times in the future, without the payment of additional compensation therefor.
The Grantor(s) may hereafter, at Grantor(s)' risk, use the surface of the
casement for any purpose not inconsistent with the rights hereby conveyed, but
may not place a building upon the right of way. This permanent easement shall i•-
be upon the following described lands situated in Pulaski County, Arkansas, j-.•-
to -wit:
Part of Lots 7 s 8, Blork 9, Section 'A', Secludes calls 'g
Estates, Pulaski County, Arkaasas more particularly
cribed as follows:
A strip of land S' in width as dedicated b_v
Revised Plat of Sectiofi 'A', Secluded Bills
Estates.. Also, the West 10 feet of sai.dLot 1 •.•
Fn_c.,,sE�caP=B.
.. Ems
2. A TEMPORARY RIGIii, PRIVILECE AND EASEKM for the purpose of peMI. Ling
cti'
the Grantee co clear and remove all obsrruions therefron, except buildings,
store excavated materials, tools, supplies and equipa"r. and provide working
space. This temporary easement shall begin when the Crantce to-mrnces its Snitial
work on the permanent easement and shall terminate one year from that date or
when the work is completed, whichever is earlier. This temporary easemcnr
shall be upon the following described lands situated in Pulaski County, Arkansas,
to -wit:
Part of Lots 7 5 8, Block 9, Section 'A', Secluded Hills
Estates described as follows:
The West 40 feet of said Lot 8, and the South 20' feet of
said Lots 7 & S.
.e
This Sostrueent prepared Itr
,souse. y -ez d Jewell 79-477
1550 To-.e_ 91dg. 7n -
Little Bock.. Arkansas ,
- ... .. K;�•.. •,,r- _ire �:..,�;..• �,•�� - _ 'qs'
- t•
00292. • -
ACKNOWLEDGMENT r
STATE 05F ARKANSAS)
) SS
COUNTY OF PULASKI)
On this day before me personally appeared Floyd H.
Fulkerson, John Marlowe and EW,-�'e M. Pfeifer, III, being
the three Missioners of sand suburban Sanitary Sewer
Improvement District No. 222 o(E Pulaski County, Arkansas
and that they as such officers, being authorized so to do
had executed the foregoing instrument for the purposes therein
contained by signing the name of the District by themselves
as such officers.
WITaZ-,SS my hand and official seal on this - W, day of
July, 1980•
No tary u 1r
My Commission Expires:
r
)
00291.
Name of Grantor Date of Recorded in Pulaski
of Easement Recordation County, Arkansas,
Land Records as
Instrument No
Mary Elizabeth King,
Edwina M. Fink, George
L. Mallory, Jr.,
Caroline Perry Mallory,
his wife and Emily Louise
Hamilton, Renetta Mallory
Stricklen and Michael G.
Mallory i
10/11/79
- 79-4779A
Roy F. Habenicht and
- -
••
Lillie Habenicht
10/11/79
79-47795
Eugene M. Pfeifer, III
and Willette T. Pfeifer
10/11/79
79-47796
Eugene M. Pfeifer, III
and Willette T. Pfeifer
10/11/79
79-47797
Maurice W. Kaye and
Rebecca J. Kaye, Trustees
of Maurice J. Kaye Inter
Vivos Trust
10/11/79
79-47798
Woodland, Inc.
10/11/79
-79-47799
Robert A. Peck and
Hannah K.:Peck
1/10/80
80-01615
Woodland, Inc. 1/10/80 80-01618
TO HAVE AND TO HOLD said easements, rights -of -way and privileges
thereunto appertaining unto the said Grantee, and unto its:
successors and assigns forever, for the purposes set forth.in
said easements, it being the intent.of the Grantor to assign
and transfer unto the Grantee all of the right, title, and in-
terest, of the Grantor in and to said easements and rights -of -way
IN WITNESS WHEREOF, the name of the Grantor is hereunto
affixed by its commissioners, duly authorized and acting, on
this j day of July, 1980.
SUBURBAN SANITARY SEWER IMPROVEMENT
DISTRICT NO. 222-OF PULASKI COUNTY,
ARKANSAS
00290 '
Name of Grantor
Date of
Recorded in Pulaski
of Easement
Recordation
County, Arkansas,
Land Records as
•.
Instrument No.
Brenda J. Cate
10/11/79
79-47770
Brenda J, Cate
10/11/79
79-47771
E. V. Snider, Ur.
10/11/79
79-47772
R. J. Augustyn and
Irene Augustyn
10/11/79
79-47773
Vernon Estes Freeland
and Agnes Vernell-
Freeland
10/11/79
79-47774
Nalls Memorial Baptist
Church
10/11/79
79-47775
_
Carl J. Olsen and
-
Tommie N. Olsen
10/11/79
79-47776
Donald J. Brykala and
-
Artemus G. Brykala
10/11/79
79-47777
A. E. Hawley and
Mary M: Hawley
.10/11/79
79-47778
-
Don Setliff
10/11/79
79-47779
.. ..
Edwin S. Benson and
Lilas M. Benson
10/11/79
79-47780
David L. Jorgensen
and Ramona G. Jorgensen
10/11/79
79=47781
Adam Hall
10/11/79
79-47755
E
George M. Holt and
!
i-
Clyda E. Holt
10/11/79
79-47756
111
Julian Gilliam and
Hope Gilliam
10/11/79
79-47782
Lillian R. Louthian
10/11/79
79-47783
j
Irene C. Powell
10/11/79
79-47784
.
A. C. Aaron, Sr. and
.l
Edna Aaron -
10/11/79
79=47785
I.
Ada Elowese Norwood
10/11/79
79-47786
-
Maurice W. Kaye and
•�'
'Rebecca J. Kaye
-
_•.`.`:• ..
Trustees of Maurice J:
_
•;ter,
Kaye Inter Vivos Trust
10/11/79
79-47787 -•
James A. Williams and
Hattie V. Williams
1D/11/79
79-47790 -
:,} >
Mary L. Brown
10/11/79
i79-47791
-S-
James A. Coyne, Jr, and
•,^ i
Lida Coyne
10/11/79
79-47792
-2-
.�_-
-44r'�r�-.emu r'•,�.. .-- �n-
_tstt'i4ry.§:iYF��,
fi�'�.�..i,.3`'7r1�-n�.
-
M1 J
�~ 80z41119 002819
FILED
p q onp?'69
ASSIGNMENT OF EASEMENTS -
b . a15 s?�mLt•• .
xNOW ALL MEN By THESE PRESENTS.
That Suburban Sanitary Sewer Improvement District No.
222 of Pulaski County, Arkansas, Grantor, a suburban improve-
ment district organized and existing under and by virtue of
the laws of the State of Arkansas, by its three Commissioners,
being all of said Commissioners, duly authorized and acting,
for and in consideration of the sum of $10.00 and other good
and valuable consideration in hand paid by the Little Rock
Sanitary Sewer Committee, the receipt of which is hereby ack-
nowledged, does hereby grant, sell, convey, assign, transfer
and set over unto the City of Little Rock, Arkansas, for the
use and benefit of the Little Rock Sanitary Sewer Committee,
Grantee, and unto its Successors and assigns forever, all of
the right, title and interest of the Grantor in and to the
following described easements and rights -of -way presently
belonging to Grantor, all of said easements -and right s=of-way
being on, over, along and across lands lying in Pulaski County,
Arkansas, said easements and rights -of -way being more parti—
cularly described as follows:
Name of Grantor
Date of
Recorded in Pulaski j
r.�
of Easement
Recordation
County, Arkansas,
-
Land Records as IJ
-.
Instrument No. f.
A
Bill Lusk -
6/23/80
SOr26748
Bob Shaheen
6/23/80
80-26749 i r
Western Little Rock
Company
10/11/79
-.79-47761- l
�.
Patrick Henry Lee and -
Alice Josephine Lee '
10/11/79
79=47764
i�'
•
Rector Phillips Morse,
79-47768 -
t.
Inc.
10/11/79
�^
Y
Rector Phillips Morse,
Inc.
10/11/79
79-47769
•�
Thla jutrment prepared by
Sawa, eoj�'; 9 Joaell
1550 Tower Bldg.
v�'"'Z1119
a
.
Little Roct. Arkansas
BOON 874 PPGE560
ACKNOWLEDGMENT
STATE OF ARKANSAS )
SS.
COUNTY OF PULASKI )
ON THIS 7 day of 19 �07` , before me, a
Notary Public, duly commissioned, qualified and acting within
and for the State and County aforesaid, appeared in person the
within named - - - - - - - - A. N. McAninch - - - - - - - - - - -
to me personally well known as Grantor in the foregoing instru-
ment, and acknowledged that he had executed the same for the
consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public this _Z
day of rx..... 19�.
•Gi lw r4
��'� r•l j::��r
Notary Public
Prepared by
Arkansas Power & Light Company
N. R. Rusk
3/16/64
- 3 -
onk 874 PAGE559
Grantee is granted the further right to trim and keep
trimmed the trees near the electric circuits and service wires and
to maintain and to have maintained adequate, safe, and required
clearances around the said electric circuits and service wires,
Grantee is also granted the right of ingress and egress to,
from, over and'upon the streets, public ways and easements herein -
above described at any time for the purposes hereinabove recited.
Grantee is authorized to remove any trees and growths upon
the lands which will conflict- with the original location and con-
struction of the said electric circuits and service wires.
Grantee may authorize the Telephone Company supplying service
in this area to erect and maintain the poles or pole lines in the
easements hereinabove described for the joint use of both Companies.
The Grantee may also authorize the use of its poles and pole lines
by the Company supplying telephone and communication service in
this area.
IN WITNESS WHEREOF, the Grar_L-or has executed this instru-
ment- by affixing heretc '-h-is name- and signature.. this day
of 19�
A. N. McAninch
- 2 -
i
Ro.11a Filed for Record 148 , et e.'02c-.-cloor, 40-'E1,
(SEAL) and recorded - 195 ROGER MoNAIR, CLEM
gppK
814 FAGE558 EASEMENT AND RIGHT -OP -WAY
KNOW ALL MEN BY THESE PRESENTS:
THAT I, A. N. McAninch, hereinafter referred to as Grantor,
for and in consideration of the sum of ONE DOLLAR ($1.00) and
other valuable considerations paid by Arkansas Power & Light
Company, and the receipt of which is acknowledged, hereby grant
and convey unto the said Arkansas Power & Light Company, and unto
its successors and assigns, hereinafter referred to as Grantee, the
right, privilege, authority, easement and right -of -way -to build,
rebuild, renew, remove, maintain, and operate electric circuits,
includin� poles, conductors, equipment, necessary guys and anchors, 4
and other facilities, for the purposes of transmitting -and distribut-
ing electric current and the supplying of electric services, upon,
over, under and across the streets, public ways and spaces reserved
as easements for the installation and maintenance of utilities in
and upon the following lands situated in Pulaski county, Arkansas,
and described as follows, to -wit:
SECTION 'A', SECLUDED HILLS ESTATES, being
part of the S3� NE4, Section 19, T-2-N, R-13-W.
The streets, public ways and spaces reserved
as easements for the installation and mainte-
nance of utilities are shown by the Plat of
the said Section 'A', Secluded Hills Estates,
which Plat appears of record in the Pulaski
County Recorder's Office in Plat Book No. 14
at Page 27.
Grantee is granted the right to install and maintain
service wires and facilities on each Lot in the said Secluded Hills Estates
where necessary to supply electric service to any residence,
structure, or customer located on the said Lot.
BOON 887 p4rF152 RATIFICATION
I, H. Maurice Mitchell, Trustee, the holder of a vendorts lien
upon the real property described in the foregoing Bill of Assurance, do
herey approve, ratify and confirm said Bill of Assurance and all actions
taken therein by the Grantor, including, but not limited, to the dedication
of the streets, utility easements and drainage easements.
WITNESS my hand and seal this day of C(c .e ,
1964.
H. 3T7vxi a 4lic e11c11, Trustee
A C_K-N0WLEDGMENT
STATE OF ARKANSAS )
) SS.
COUNTY OF PULASKI )
On this day before me, a Notary Public, duly commissioned, qualified
and acting, within and for the said County and State, appeared in person the
within named H. Maurice Mitchell, Trustee, to me personally well known, and
stated and acknowledged that he had signed, executed and delivered the fore-
going instrument for the purposes therein mentioned and set forth.
WITNESS my hand and official seal on this -*& day of
1964.
Notary PbUc
_ My -SS an Expires;
L I (FOR PLAT SEE PLAT BOOK #15, Page 43)
/0, 'yG
BOOK 887 P4GE151
A C K•N O W L E D G M E N T
STATE OF ARKANSAS )
) SS.
COUNTY OF PULASKI )
BE IT REMEMBERED, that on this day came before the undersigned,
a Notary Public within and for the county aforesaid, duly commissioned
and acting, A. N. McANINCH and CECIL MCANINCH, to me well known, who stated
that they had so signed, executed and delivered said foregoing instrument
for the consideration, uses and purposes therein mentioned and set forth.
And on the same day also voluntarily appeared before me, the said
CECIL MCANINCH, wife of the said A. N. McANINGR, to me well known, and in
the absence of her said husband, declared that she had, of her own free will,
executed the said foregoing inst-rument'and signed and sealed the relinquish-
ment of dower and homestead, for the consideration and purposes therein
contained and set -forth, without compulsion or undue influence of her husband.
14ITNESS our hand and seal as such Notary Public on this -�
day ofyy'�-�1Ai/��T 1964.
I
cAL
'My C$miaf bion 6kpires:
on 887 PmE150
17. ARCHITECTURAL CONTROL. Architectural control is hereby
retained by Grantor as to the lots numbered above, in Secluded Hills
Estates. No building, wall or fence shall be erected, placed or altered
on any of said lots until complete 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, his 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 provided hereinbefore. In
the event the said Grantor, his successors or assigns, fails to approve or
disapprove any such plans and specifications within thirty (30) days after
the same are submitted to him, such approval will not be required and this
covenant will be deemed to be fully complied with. There shall be no com-
pensation to said Grantor, his successors or assigns, for services performed
pursuant to this covenant.
IN WITNESS NHEREOE, the Grantor has affixed his signature this
dny of 1964.
CECIL McANINCH A. N. MCANINCH, AGENT
By: L/L�,ei OvCG 1 u'4yf%G
O w n e r
- 6 -
un 887 P46E149
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 (2") 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 thirty (30) years from the date these
covenants and restrictions are recorded, after which time said covenants
and restrictions shall be automatically extended for successive periods of
ten (10) years, until the end of such thirty (30) years or the end of such
a period of ten (10) years following the date on which an instrument signed
by the then owners of eighty (807.) per cent 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 eight (807.) per cent 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 Planning Commission in control of
said property, at the time of amendment, 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 sub -division to prosecute any proceedings at law or in equity against
the person 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.
16. 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 provisions, which shall remain in full force and effect.
- 5 -
BOOR 887 FAGE1.48
No structure or outbuilding shall be moved onto any lot, except that a
single family dwelling may be moved onto any lot, provided such dwelling
is in compliance with all covenants and restrictions set forth in this
Bill of Assurance, including, but not limited to, the requirements of twelve
hundred (1,200) square feet of ground floor area, one-half of the front dwelling
being brick veneer construction, and the architectural control set forth in
Paragraph 17.
8. SIGHT LINES. No fence, wall, hedge or shrub planting, which
obstructs sight lines at elevations between two (2') and six (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 connecting
them at points twenty-five (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 (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.
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.
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 be kept in a clean and sanitary
condition in rear yard.
10-A. SANITARY SEWAGE DISPOSAL. It is the responsibility of each
and every purchaser of lots to furnish and install his or her own sanitary
sewage disposal plant, consisting of septic tank and disposal field. Each
septic tank and disposal field must be of size, specification and capacity, to
meet the requirements of the Arkansas State law covering this equipment. They
shall also be installed in strict accordance with said law.
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
- 4 -
BOOR 887 PAGE147
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 instrument
is recorded at the minimum cost stated herein for the minimum permitted
dwelling size. The ground floor area of the main structure, exclusive of
open porches, garages, carports and servants' quarters, shall be not less than
twelve hundred (1,200) 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 re -subdivided into nor shall
any dwelling be erected or placed on any lot or building site having a width
of less than sixty (60) feet at the building line or an area of less than
twenty thousand (20,000) 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. No building shall be located nearer to an interior lot line than
ten (10%) per cent of the average width of the lot, provided, however, such
side yard need not exceed eight (B') feet in width. For the purpose of this
covenant, eaves, steps and open porches shall be considered as a part of a
building. No main building shall be built on any lot in said sub -division
nearer than twenty-five (25') feet to the rear lot lines.
5. UTILITY RAM[ENTS. 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 maintained within the
area of any of the easement's shown on the plat, and in the event any such ob-
struction 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 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.
-3-
son 887 PAGE146
run with the land. 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
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 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 and block number, as shown on said plat, shall be a proper and sufficient
description thereof,
The Grantor reserves unto himself, his successors and assigns, the
Nt
right to further sub -divide the rest of S-1/2 of M§6-1/4 of Section 19, T-2-N,
R-13-W (that is not now sub -divided) into lots and streets.
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, carports and servants' quarters, shall
be erected, altered, placed or permitted to remain on any lot, provided, how-
ever, that a garage, carport and servants' 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 Twelve Thousand ($12,000.00) Dollars based
upon cost levels prevailing on the date that this instrument is recorded. It
is the intention and purpose of this covenant to assure that all dwellings
- 2 -
N0.
AT IT CLERK.
(SEAL)
ROGER bSclIAIB, TTlCLF
e6oK 887 vrA145
REVISED BILL OF ASSURANCE - SECTION A
AND PROTECTIVE COVENANTS
SECLUDED RILLS ESTATES
Y
PULASKI COUNTY, ARKANSAS
WHEREAS, A. N. MCANINCR hereinafter called "Grantor," is the owner
of the following described property in Pulaski County, Arkansas, to -wit;
Part of the Sk, NEA, Section 19, T-2-N, R-13-W,
Pulaski County, Arkansas described as follows;
Begi�aing at the NW corner of mid S'k, NQ; thence
S 89 41, E. 946.6 feet along the North line of
said SAS, NFA; thence S Oe 19' W 250 feet; thence
N 890 41' W 35.6 feet; thence South 60B feet;
thence N 890 41' W 630 feet; thence South 458.6
feet; thence N 890 59' W 2B0 feet to a point o
the West line of said S'k, NEg'; thence North 1318.1
feet to the point of beginning.
NOW, THEREFORE, Grantor, for and in consideration of the benefits
to accrue to it, which it hereby acknowledges to be of value, has caused
to be made a plat, hereto attached, showing a survey made on the Thirteenth
day of December, 1963, revised August iy I � l
b'-//11, by G. A. Denham,
Registered Engineer, showing the boundaries and dimensions of the lots and
streets; and the Grantor does hereby dedicate to the public forever the
streets shown on said plat to be used as public roadways.
Basements for installation and maintenance of utilities and drainage
facilities are reserved as shown on the recorded plat.
The filing of this Bill of Assurance and Protective Covenants and
final plat, hereto attached, which has been approved by the Pulaski County
Planning Comaission, for record in the office of the Circuit Clerk and Ex
Officio Recorder of Pulaski County, Arkansas, shall be a valid and complete
delivery and dedication of said Addition as shown by said plat.
The lands embraced in said plat shall be forever known as Lots 1
through 8, Block 1; Lots 1, 2, and 3, Block 2; Lots 1 through 6, Block 7;
Lote 1 through 6, Block 8; and Lots 7, B, 9, and 10, Block 9, Secluded Rills
Estates, Section A, an addition to Pulaski County, Arkansas, and every deed of
conveyance of any lot in said Addition describing same by number and Block
number or umbers as shown on said plat shall always be deemed a sufficient
description thereof.
The lots in said Addition shall be sold by the Grantor and shall be
purchased byythe buyers thereof subject to the following covenants that shall
ACKNOWLEDGMENT
STATE OF ARKANSAS) BOOK 8G3 Pe(;(2C9
)ss:
COUNTY OF PULASKI)
On this day before me,,a Notary Public, duly commis-
sioned, qualified and acting, within and for the said County
and State, appeared in person the -within named 11. Maurice
Mitchell, Trustee, to me personally well known, and stated
and acknowledged that he had signed, executed and delivered
the foregoing instrument, as Trustee, for the purposes
therein mentioned and set forth.
WITNESS my hand and official seal on this 17th day
of March, 1964.
-.yp'_•,,. rklS eCommission Lxpires:
r-
41
NOTARY PUBLIC
This Instfunval Was Prepared by:
SPITZBERG,.M.,,KR, MITCH ELL & HAYS
ATTORNEYS AT LAW
Pyramid Life Bldg. — Little Rack, Ark.
on 868 PAG123- 4
and A. N. McAninch, which plat bears a certificate of approval
executed by the Pulaski County Planning Board and is of record
in the office of the Circuit Clerk and ex-officio Recorder for
Pulaski County, Arkansas, in Plat Book , at Page ;
and
WHEREAS, H. Maurice Mitchell, Trustee, is now desirous
of ratifying and affirming said Bill of Assurance and said
plat for the purpose of improving, developing and preserving
the best use and value of said land;
NOW, THEREFORE, H. Maurice Mitchell, Trustee, for and
in consideration of the benefits to accrue to him, which he
hereby acknowledges to be of value, does hereby fully ratify
and affirm said Bill of Assurance and said Plat to the same
extent as if each such instrument had been executed by H.
Maurice Mitchell, Trustee.
IN WITNESS WHEREOF, H. Maurice Mitchell has hereunto
affixed his signature as Trustee, this 17th day of March,
1964.
F UR CE MITCHELL, Trustee/
Nl:S O Filed Yor.Recurd rLA�, 196 �1, at olclock .,
(SEALy and recorded - 772aa-�/9., 1964. ROGER 3d4RAIR, CUM
RATIFICATION OF BILL OF ASSURANCE
BOOR ��ZJ peGE2q
KNO14 ALL MEN BY THESE PRESENTS:
WHEREAS, H. Maurice Mitchell, Trustee, conveyed to
A. N. McAninch, Grantee, by a warranty deed which is dated
May 16, 1963, and which appears of record in Deed Book 837
at Page 39 in the office of the Recorder for Pulaski County,
Arkansas, the following described real property situated in
Pulaski County, Arkansas, to -wit:
South Half (Sz) of the Northeast Quarter
(NE4), Section Nineteen (19), Township
Two (2),North, Range Thirteen (13) West,
Pulaski -County, Arkansas, EXCEPT 5 acres,
more or less, described as follows: South
330 feet of West 660 feet of the North
630 feet of the South 1/2 of the NE'k of
said Section 19; said property, less the
exception, containing 75 acres, more or
less;
and
WHEREAS, H. Maurice Mitchell, Trustee, retained a
vendor's lien upon the above described real property to
secure the payment of an indebtedness set forth in the
above mentioned warranty deed; and
WHEREAS, a Bill of Assurance for part of the above
described property, dated February 11, 1964, has been exe-
cuted by A. N. McAninch and placed of record in Book 864 at
Page 203 in the office of the Recorder for Pulaski County,
Arkansas; and
WHEREAS, the said A. N. McAninch has caused part
of the above described tract of land to be surveyed by
G. A. Denham, Registered Professional Engineer, and a plat
thereof made which is identified by the title "Secluded
Hills - Section A" and by the signature of the said engineer
• Bill of Assurance and
Protective Covenants
Page 3
Book S64 PA"'20 ]
9. TERM. These covenants are to run with the land and shall
be binding on all parties and all persons claiming under them for
a period of twenty five (25) years from the date these covenants
are recorded, after which time said covenants shall be automatically
extended for successive periods of ten (10) years, unless an instru-
ment signed by 50% of the then owners of the lots has been recorded,
agreeing to change said covenants in whole or in part.
10. ENFORCEMENT. Enforcement 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.
11. SEVERABILITY. Invalidation of any one of these covenants
by judgment or court order shall in no wise affect any of the other
provisions which shall remain in full force and effect.
IN WITNESS WHTjr�iEOF, the name o t Grantor is hereunto affixed
this the �� day of 1964.
A. N. McANINCH
G '
OWNS
ATTEST:
STATE OF ARKANSAS )
COUNTY OF PULASKI � A C K N 0 W L E D G M E N T
Onthis vN day of _. , 1964, before
Hie -71t�/ , a Notary Public, du y commissioned,
quelif�od and acting, within and for the said County and State,
appeared in person the within named A. N. McAninch to me personally
well known, who stated that he was the Owner of Sedluded Hills Estates
Addition and was duly authorized to execute the foregoing instrument
for and in the name of said Addition, executed and delivered said
foregoing instrument for the consideration, uses and purposes
therein mentioned and set forth.
IN TESTIMONY 4lHE0F, I have hereunto set my hand and official
seal this. I L _day of i---�'—t--�_ _,, 1961,.
'gay_ OommisNion Expires!
Bill of Assurance and
' 'Protective Covenants
Page 2
2. The ground floor area of the main structure of any dwelling con- -
%�i
structed on any lot or part thereof shall not be less than 1,050 square feet
�c for a single family dwelling. All dwellings shall be completed in accordance
*� with the Little Rock Building Code.
�S A. No dwelling shall be located on any lot or parts of two or more
lots nearer to the front line or side street:line of any such building site
than the minimum setback line shown on the recorded plat. No exterior part
of a building shall be located nearer an interior lot line than 10% of the
width of the building site at the front property line, except that the maximum
distance required from an interior lot line shall not, in any event, be more
than eight (8) feet. For the purposes of this covenant, as to all building
lines, eaves, steps, and open porches shall be considered part of the building.
3. LOT AREA AND WIDTH. No dwelling shall be erected or placed on any lot
having a width of less than sixty (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 20,000 square feet.
4. 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.
5. T34PORARY 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.
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 square foot, one sign
of not more than five square feet advertising the property during the construction
and sales period.
7. If no suit to enjoin the erection of any structure has been commenced
prior to the completion of the erection of any structure, such violations, if
any, shall be deemed waived, ratified and approved by all persons owning other
lots in this Addition.
S. The conditions, restrictions, and covenants contained in this Bill of
Assurance and Protective Covenants may be cancelled, annulled, amended, or ex-
tended in whole or in part by written declaration executed by any person or persons
who, individually or in the aggregate, own 50% of all the lots in the Addition
according to the plat thereof of record in Book JAE_, Page ; / , of the
Plat Records of Pulaski County, Arkansas. Any such written declaration shall be
duly executed, acknowledged and recorded in the Deed Records of Pulaski County,
Arkansas.
_ SvG ' $
lla �Fi?ed. for. R.ocox 2 146 at' ❑ r r
10 e1'oc. Q +f3,
(S?j2LLJ and rsoordod Ah 196�, Ft00MR LtcYAiR, CI,:RI(
BILL OF ASSURANCE
AND PROTECTIVE COVENANTS
VaN 664 vAGEz
WHEREAS, A. N. McANINCH hereinafter called "Grantor", is the
owner of the following described property in Pulaski County,
Arkansas, to -wit:
Part of the SJ NE}„ Section 19, T-2-N, R-13-W,
Pulaski C.nunty, Arkanaas described as follows;
Beginning at the NW corner of said 51 NS�, thence
S 89a 411 E 946.6 Foot along the north line of
said Sl NE�, thence S 00 191 {i 250 Foot, thence
N 99° 41' W 35.6 Foot thonco South 608 Fact,
thence N 890 411 W 630 ?net, thence South 458.6
Fcot, thence N 89n 591 W 280 Feet to a point on
the Most lino of said SJ Mt, thence 4iorth 1118,1
Foot to the point of beginning.
NOW, THEREFORE, Grantor, for and in consideration of the
benefits to accrue to it, which it hereby acknowledges to be of
value, has caused to be made a plat, hereto attached, showing a
survey made on the Thirteenth day of December, 1963 by G. A. Denham,
Registered Engineer, showing the boundaries and dimensions of the
lots and streets; and the Grantor does hereby dedicate to the public
forever the streets shown on said plat to be used as public roadways.
Easements for installation and maintenance of utilities and
drainage facilities are reserved as shown on the recorded plat.
The filing of this Bill of Assurance and Protective Covenants
and final plat, hereto attached, which has been approved by the
Pulaski County Planning Commission, for record in the office of the
Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas,
shall be a valid and complete delivery and dedication of said Addi-
tion as shown by said plat.
The lands embraced in said plat shall be forever known as
Lots 1 through a, Block 1; Late 1, 2, and 3, Block 2; Lots 1 through
6, Block 7; Lots 1 through 6, Block a; and Late 7, a, 9, and 10,
Block 9, Secluded Hills Estates, an addition to Pulaski County,
Arkansas, and every deed of conveyance of any lot in said Addition
describing same by number and Block number or numbers as shown on
said plat shall always be deemed a sufficient description thereof.
The lots in said Addition shall be sold by tho'Grantor and
shall be purchased by the buyers thereof subject to the following
covenants that shall run with the land, to -wit:
1. All lots shall be used for residential property only. All
plans and specifications must be approved by a three member Plans
Committee (to be appointed by Grantor) as to design, struc$ural
sufficiency, and mechanical equipment.
CV)
.i✓ cvfvf4 �:4 NE%I SEc./f
I��,.+VM[�p�Ntiw
•r f•nrrvwn•nw•
�
W
.�ar.r.fr
wp�ranrr.�[nn •w�Yr
A �M•n f•nr �•n.ry�rr..nvr.
f
p `S�IN;I 7 r:- Jrc: +rwr„
i3 �•2-. ,L•
cd }. aH ,.aw. •�E
��r�rr N.rR.a w.. .,w ew+,m
r F s •• 3 f,
•. � .; .a • Y n1� ryy
1-30
a a �
LO
F1
�'L�N �Ya ��•
��
F EVISEO �UT �F�
4iVr
+.•...c. ....rn •a..c. •curry [.. Ywf ... ... �rt �. Ir.
GRnPnc Scn`E�C-: 1"-roo
I��
0 • 0
t ;5
r YY�s�� =J7 • �i _ i � `•4
Q �•c� Fi :� �� 4�! � 6 ■ri� �� � �j
Y iT�TS n� YYF�}�Y, �� 3i� ■�� �- `
... a -, Ali i" •-� � ss+�F,. �
7 G
_ y4 k • p Ge Oi
i
����s• •a4 7.aa3
9r '•esvtq
�y `•ice ; v 7 ^A
INN
vr� W 1 �T�AMr■
r 2■ � i I, I �.i���i
3c"wa41.1
"��79� �� w•rC��T2
ki
_ y I �' • N '�1 Pi'M1 �. Nn �7 V
Y
.ryY -�Oki
u •� ,PI
'� rn..rwrar 3� "r43' d�7— 3oJ�firZ � r
Upon CoMpICE11,11 of Lhe J n ILt.11 or nay AuDIq t the Grantee. the
GrailL " u shall backrill aini diurough1v COMIMCL a I e C.vu n. to minimize
settling and shall level the surfnco over its excavations and pipe line(s), remove
all excess excavated materials and debris and leave the premises in a clean
sanitary condition. If the initial work by the Grantee damages any fence,
or paved surface upon the right(s) of way. the Grantee, at its expense..
repair or replace the damaged portion with materials of like quality and as
nearly as possible to its prior condition.
To have and cc hold said easement(s), rights and privileges unto the Crmtec,
and unto its successors and assigns forever, for the purposes aforesaid.
And Crantor(98 covenantCS6 with Grantee, its successors and assigns, that,
subject to prior recorded mortgages and easements. If any, bmWshe15bcpwLll
forever warrant and defend the title to said caseutat(s) and rights against
the claims of all persons whomsoever and that Grantee, Its successors and assigns,
shall have at all times the quiet use and enjoyment of said easement(s) and
rights.
40oxix
*U0&0atDgx*=
WITNESS my/our hands this a &vi)day of A )O;Z L-
Brenda J. &te
STATE OF ARKANSAS) )SS' ACKNOWLEDGMENT
COUNTY OF PULASKI)
On this day personally appeared before the undersigned, a N.Ptary Public
within and for the County and State aforesaid, duly qualified, commissioned
and acting, �L
to me well known as the Crantor(O in
• the foregoing and stated that he/she :hey bad pXecvted the - sae_a
a
for the consideration and purposes tb0rcin*.cnt.1cnv4 and see' Earth.
WITNESS my hand and official seal on this a -v,) day of ^ #;z
U
Votary Pblic
My camm. expires- e I
sq
(Seal)
L