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HomeMy WebLinkAboutBill of Assurance 07102390D� 81.4 "PA6EI64 I i No [ f d�A Filed for Record A , 196a' , at o'clo��`- . (5 .11,) and recorded -a4 ; 1969'• ROUR Mci1AIR, CLERK HIGH POINT, INCORPORATED, B. D. BOURNE, JR. AND MARY P. BOURNE TO THE PUBLIC BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: That whereas, High Point, Incorporated, an Arkansas Corporation, is the owner of the following described lands lying in the County of Pulaski, State of Arkansas, to -wit: The South 10 acres of the North 15 acres of the Sa NE4 SET' of Section 2, Township 1 South Range 13 West, and the North 5 acres of the S2 NE4 SE,, except the East 280 Feet thereof, Section 2, Township 1 South, Range 13 West, Pulaski County, Arkansas, and B. D. Bourne, Jr. and Mary P. Bourne are the owners of the following described lands lying in Pulaski County, Arkansas, to -wit: The East 280 feet of the North 5 acres of the S2 NE4 SEX of Section 2, Township 1 South, Range 13 West, Pulaski County, Arkansas, and whereas -it is desired that the ahove described property be resubdi- vided into lots and streets; NOW, THEREFORE WITNESSETH: That High Point; Incorporated, B. D. Bourne, Jr. and Mary P. Bourne, hereinafter termed Grantors, for and.in consideration of the benefits to accrue to them, which are herein acknowledged to be of value, have caused to be made a plat of said lands, said plat being attached, showing a survey made by Kenneth L. Schuck, a Registered Professional Engineer, No. 1031, and approved for recording by the Little Rock City Planning Commission and Pulaski County Planning Board, showing bounds and dimensions of the property no being divi- ded into lots and recorded in Plat Book �_, Page . For the consideration recited herein, Grantors do hereby ded- icate to the Public forever an easement in and over all streets touch- ing the lots as shown on,the Plat. The lands embraced in said Plat as above described shall be forever known as Burnelle Manor, a subdivision of the North 3/4ths of the Sif of the NE4 of the SEA of Section 2, Township 1 South, Range 13 West of Pulaski County, Arkansas, and every and any deed of conveyance for any lot in said addition describing same by the num- ber of the lot as sh❑wn on said Plat shall always be deemed a suf- ficient description thereof. Grantor, High Point, Incorporated, reserves the right to use surplus dirt from the street grading at its discretion. Streets shall be known by names designated on the Plat of this addition. Lots in Burnelle Manor, a subdivision of Pulaski County, Arkansas, shall be sold by the Grantors and shall be purchased by the buyer or buyers thereof, subject to the following covenants which shall run with the land, to-wit:- (1) BUILDING SITE. No dwelling shall be erected or placed on any lot or building site having a width of less than 60 feet at the Page 2 Ron 81.4 PAGE165 front building line, nor shall any dwelling be erected or placed on any lot or building site having an area of less -than 6000 square feet. (2) UTILITY AND DRAINAGE EASEMENTS. There are strips of ground 5 and 10 feet in width shown on said Plat and marked "Utility Ease- ment and Drainage Easement" and reserved for the use of the public utilities, subject at all times to the proper authorities and ease- ments herein reserved. Owners of lots in this subdivision shall take their titles subject to the utility and drainage easements and to the rights of utilities and the public. (3) LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building of any type shall be erected, altered, placed or permitted to remain on any lot other than one detached, sin- gle family dwelling, not to exeeed two and one-half (22)stories in height. (4) ARCHITECTURAL CONTROL. Architectural control, as to lots 43 to 98, inclusive} is hereby -retained by High Point, Incorporated. No building shall be erected, placed or altered on any of said lots until construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Con- trol Committee as to quality of workmanship, material, harmony of ex- terior design with existing structures, and as to location with re- spect to topography and finished grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building set back line unless also approved. Ap- proval must be in writing obtained from the President of High Point, Incorporated, or the Secretary of High Point, Incorporated, or from whomever else High Point, Inc., may designate as having authority of architectural control of the dwellings in the subdivision. (5) DWELLING COSTS, QUALITY AND SIZE. No dwelling shall be permitted on any lot at a cost of less than $6,000.00 (including reasonable contractors profit) based on cost levels prevailing on the date these covenants are recorded. Ground floor heated area of the structure, exclusive of porches, garages, and carports, shall be not less than 700 square feet. (6) BUILDING LOCATION. No building shall be located on any lot nearer to the property line than the minimum building set back line as shoran on the Plat. Nor shall any dwelling be located nearer than 5 feet to the side lot lines. No dwelling shall be located on any interior lot nearer than 25 feet to the rear lot line. For the purpose of this covenant, eaves, steps, and stoops shall not be considered as a part of the building, provided, however, that this shall not be construed to permit any portion of a building on one lot to ebcroach upon another lot. Attached carports and garages shall be considered as a portion of the building, and subject to the minimum set back lines. In the event of any violation or attempt to violate any of the covenants or restrictions herein, it shall be lawful for any person or persons owning any lot or lots in said addition to prosecute any proceedings at law or in equity against the person or persons violating ar attempting to violate any such covenant or restriction and either to prevent him or them from s❑ doing and/or to recover damages or other dues for such violations; except, however, as per- taining to building set back line violations. If no suit to enjoin the erection of any structure has been commenced prior to the completion of the structure such set back line violations, if any, shall be deemed waived, ratified, and approved by all persons owning other lots in this addition. The above exception applies only in the case of the original residence and.ndt to later additions thereto. agog 81-4 FAsE166 Page 3 (7) NUISANCES. No obnoxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which shall be or may become an annoyance or nuisance to the neighborhood. (8) TEMPORARY STRUCTURES. No structure of a temporary character, trailer, basement, tent, shack, garage,. barn, or other out building, shall be used on any lot at any time as a residence, either temporarily or permanently. (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 25 years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of 10 years, unless an instrument signed by a majority 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) SE VERABILITY: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other pro- visions which shall remain in full force and effect. (12) 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 no more than five square feet advertising the pro- perty for sale or rent, or signs used by the builder or the developer to advertise the property during this construction and sales period. (13) OIL AND MINING OPERATIONS. No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas or other mineral shall be erected, maintained or permitted on any lot. (14) 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. (15) GARBAGE AND REFUSE DISPOSAL. No lot shall be used or main- tained 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 thestorage or disposal of such material shall be kept in a clean and sanitary condition. (16) SIGHT DISTANCE AT INTERSECTION. No fence, wall, hedge or shrub plantings which obstruct 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 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 property line extended. No tree shall be permitted to. remain within such distances cf such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.. (17) No obstruction shall be placed in the street2 rgutter curbs; curbs shall be broken at driveways�-and driveway grades lowered to meet the gutter line not more than 2 inches above gutter grades. Page 4 mak 814 PAGE16 % Executed in Little Rock on this 7-7- day of 1962. ATTr: HIG POI ;INCORPORATE BY: resident / O'z�i�iYi47 B. D. Bourne, Jr, IL CAL Mary P. Bourne ACKNOWLEDGMENT STATE OF ARKANSAS) SS COUNTY OF PULASKI) On this day #' G�f1 , 1962, before me, , a Notary Public duly commissioned, qualified and acting, w thin and for the said county and state, appeared in person the within named Lawrence Witherspoon and Brooks Bradley to me personally well known, who stated that they were the President and Secretary of High Point, Incorporated, a 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 foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREO have hereunto set my hand and official ?, day of CS/ , 1962. Notary Public Book. 8.1.4 PAGd 68 P age 5 ACKNOWLEDGMENT STATE OF ARKANSAS) ) SS COUNTY OF PULASKI) BE IT REMEMBERED, That on this day came before me, the under- signed, a notary public within and for the County aforesaid, duly commissioned and acting, B. D. Bourne;, Jr. and Mary P. Bourne,. to me well known. -as the grantors in the foregoing 'Bill of Assurance., and stated that ,they had executed the same for. the consideration and purposes therein mentioned and set forth. And on the same day also voluntarily appeared before me; . the said Mary P. Bourne, wife of the said B.' D. Bourne_,' Jr.., to me. well known, and in the' absence of her said husband declared -that she had,. of her. own free will, executed said Bill of Assurance and signed and sealed - the same for the consideration and purposes therein coptained.and-set forth, without compulsion or undue influence of her-saic. husbando�/ WITNESS my hand and seal as such notary public, on this c����C• day of October i+;;.1962, `•��; 71 r?. r Notary Publio G -expires: This•Instrument Prepared by Brooks Bradley; Atty. Pyramid Life B7 dg. Little Rock, Ark.