HomeMy WebLinkAboutBill of Assurance 101623STA rE HOSPIrAL
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BILL OF ASSUIANCE I V
K14OW ALL MEN BY THESE PRESENTS:
WHEREAS, Pulaski Homesites, Inc., an Arkansas corporation, hereinafter
called "Allutter", is the owner of the following described.land lyin g in the
County of Pulaski, State of Arkansas, to -wit:
A tract of land in the N 1/2 SW 1/4 of Section 34, T2N,
R-13-W, Pulaski County, Arkansas, more particularly
described as follows:
Beginning at a concrete monument which marks the SE Comer of
the NE 1/4 SW 1/4, of said Sec. 34, run thence West -1320.4 feet
to the SW Comer of said NE 1/4 SW 1/4, thence North 1 degree
18 minutes 34 seconds West - 330. 0 feet; thence West - 50. 0 feet,
thence North 8 degrees 04 minutes 40 seconds West - 178. 1 feet,
thence North 12 degrees 30 minutes 00 seconds West - B5. 6 feet,
thence North 42 degrees 22 minutes East - 567. 7 feet, thence
North 47 degrees 38 minutes East - 453. 7 feet, thence North 89
degrees 19 minutes 24 seconds East - 285. 0 feet, thence South 72
degrees 5 9 minutes East - 421. 9 feet to the East boundary line of
said NE 1/4 SW 1/4, thence South 0 degrees 44 minutes East -
1195. 0 feet, to the point of beginning, containing 35. 547 acres.
And it is deemed desirable that the above described ' property be now
subdivided into building lots and streets, and subject to certain easements ,
all as shown on the Plat filed herewith, as more particularly designated
hereinafter, and that said property be held, owned and conveyed subject
to the protective covenants herein contained in ozdnr to enhance the value
of said property and that said tract be known as Breckenridge First Addition.
AND WHEREAS, Hill and Dale, Inc., an Arkansas corporation,
hereinafter called "Allotter", is the owner of the following described -strips
of land lying in the County of Pulaski, State of Arkansas, outside of but
near said Breckenridge First Addition as shown on said Plat, to -wit:
a. A strip of land shown on said Plat as " 7 0 foot drainage utility
and sewer easement" which is a westerly - extension of Grassy Flat Creek
drainage utility and sewer easement in Breckenridge First Addition and is
more particularly described as;
Commencing at the- SW Corner of NE 1/4 SW 1/4 of said Sec. 34,
run thence North 1 degree 18 minutes 34 seconds West - 330. 0 feet,
thence West - 5 0. 0 feet, hence North B degrees 04 minutes 40 seconds
West -!178. 1 feet, to the point of beginning, thence South 71 degrees
3 7 minutes West � 104. 7 feet along the chord of a circular arc having
a 107.14 foot radius, thence North 79 degrees 08 minutes West -
428.5 feet, thence North 2 degrees 30 minutes 40 seconds East -
70. 6 feet, thence South 78 degrees 09 minutes East - 369. 1 feet,
thence North 71 degrees 37 minutes East - 122.5 feet along the
chord of a circular arc having a 122.-35 foot radius, thence South
12 degrees 30 minutes 00 seconds East - 85. 6 feet to the point of
beginning.
b. A strip of land 60 feet wide (Breckenridge Drive) lying,,39' , 'feet on
either side of a centerline, more particularly described as follows:
This instrument was prepared by
chOwnIng, Mitchell, Hamilton & Burro*
1200 Boyle Buildlng
Little Rock, Arkansas
ry
W3 E
Commencing at the NW Corner of NE 1/4 SW 1/4 of said Sec. 34,
run thence South 89 degrees 20 minutes 15 seconds West -
538. 0 feet, thence South 2 degrees 30 minutes 40 seconds West -
476.9 feet to the point of beginning, thence South 88 degrees
26 minutes East - 301.44 feet,, thence North 69 degrees 36 minutes
East - 213.30 feet along the chord of a circular arc having a
285.11 foot radius, thence North 47 degrees 38 minutes East -
473. 0 feet to the intersection of Converse Drive, thence continue
along said North 47 degrees 38 minutes East - 153. 0 feet, thence
North 23 degrees 13 minutes East - 118. 37 feet along the chord
of a circular arc having a 143. 18 foot radius, thence North 1 degree
12 minutes West 196.08 feet, thence North 19 degrees 40 minutes
40 seconds East 102.78 feet along the chord of a circular arc having
a 144. 20 foot radius, thence North 40 degrees 33 minutes 20 seconds
East - 224. 0 feet to the present SW Right of Way line of Rodney
Parham Road.
c. A strip of land 50 feet wide (Converse Drive) lying 25 feet on either
side of a centerline, more particularly described as follows:
Commencing at the aforementioned point of intersection with
Breckenridge Drive,, run thence South 42 degrees 22 minutes East -
30 feet to the point of beginning,. run thence South 42 degrees
22 minuLes East - 155. 0 feet to the intersection of Breckenridge
First Addition boundary.
d. A strip of land 100 feet wide shown on the Plat as being dedicated
to the Arkansas State Highway Department forInterstate-430 lying 50 feet on
either side of a center line more particularly described as follows:
Commencing at the NW Corner NE 1/4 SW 1/4, Sec. 34, T-2-N,
R-13-W, run'thence South 89 degrees 20 minutes 15 seconds West -
387. 92 feet to the point of beginning, run thence South 2 degrees
30 minutes 40 seconds West - 1005.4 feet, subject to Breckenridge
Drive as dedicated and to drainage easement all as shown on Lhe
Plat.
And it is deemed desirable -that the above described strips of land referred
to above as "70 foot drainage utility and sewer easement", Breckenridge Drive
and Converse Drive owned by Hill and Dale, Inc. be donated and dedicated to
the public for the respective purposes indicated on said Plat, and that the above
described strip of land referred to above as being dedicated to the Arkansas State
Highway Department for Interstate-430 be donated, granted and dedicated to said
Arkansas State Highway Department for said purposes.
NOW., THEREFORE, Pulaski Homesites, Inc. . an Arkansas corporation,
for and in consideration of the benefits to accrue to it, its successors and assigns,
which benefits it acknowledges -to be of value,,. has caused to be made a Plat of
Breckenridge FirsL Addition, which Plat also shows the above described strips of
land owned by Hill and Dale, Inc. which lie outside of said Breckenridge First
Addition, which Plat is filed herewith showing a survey made by Ken Schuck,
RegisLered Engineer, and executed by him on October 18, 1965,, executed
by it on November 16, 1965, and executed by the City of Little Rock on
Y�I/CM - -11 _, 1965, and bearing Certificate of Approval
executed by the Little Rock Planning Commission, said Plat showing the bounds
and dimensions of the property referred to herein as Breckenridge First Addition
now being subdivided into lots and streets, described by lots and streets shown on
said Plat and which Plat also shows the bounds and dimensions of the strips of land
outside said Addition described hereinabove.
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And Hill a nd Daler, Inc. , an Arkansas corporation, for and in considera-
tion of the benefits to accrue to it, its successors and assigns, which benefits
it acknowledges to be of value, has joined in the execution of the Plat for the
purpose of granting, donating and dedicating the strips of land outside of
Breckenridge First Addition as hereinabove stated and described. There are four
areas shown on said Plat as "unplatted", all of which are owned by Hill and
Dale, Inc. and to which areas this Bill of Assurance does not apply except as
to easements shown on said Plat within these areas.
Pulaski Homesites , Inc. hereby donates and dedicates to the public
an easement of way on and over such of the real property owned by it designated
as streets on said Plat to be used by the public as public streets. In addition to
said streets, there are shown on said Plat certain easements for drainage and
utilities which said Allotter hereby donates and dedicates to and for the use by
public utilities, the same including but not limited to electric power, gas,
telephone, water and sewer,. with the right hereby granted to the persons, firms
or corporations engaged in the supplying of such utility services to use and
occupy such easements and to have free ingress and egress therefrom for the
installation, maintenance, repair and replacement of such utility services.
There is also shown on said Plat a certain walkway easement and a certain
Grassy Flat Creek drainage, utility and sewer easement both of which easements
the said Allotter hereby donates and dedicates to the public, the latter drainage
easement being specifically donated for any purposes deemed compatible by
the City of Little Rock with the use, development and maintenance of sai�
creek and easement area subject to the use of the same area for utility and sewer
easements.
Hill and Dalei Inc. hereby grantst donates and dedicates to the public
an easement of way on and over the strips of land outside of the area platted as
Breckenridge First Addition and described hereinabove as Converse Drive and
Breckenridge Drive-z to be used by the public as public streets and it hereby
donates,_ grants and dedicates said "70 foot drainage public utility and sewer
easernent" area and all other easements shown on said Plat as being within an
unplaUed area to the public to and for the above described use by the City of
Little Rock and to public utilities and sewers with the right hereby granted to the
persons x firms or corporations engaged in the supplying of such utilities to use
and occupy such easements and to have free ingress and egress therefrom for the
installation, maintenance, repair and replacement of such services.
Hill and Dale, Inc. hereby grants, donates and dedicates to the
Arkansas State Highway Department the strip of land described and referred to
hereinabove as being dedicated to said Department for Interstate-430 for said
purposes and uses.
Pulaski Homesites,_ Inc. hereby grants and dedicates to the Little Rock
Special School District, its successors and assigns a sewer easement ten feet
in width located as shown on the Plat of Breckenridge First Addition along its
westerly line, with all of the rights of ingress and egress herein granted utilities
and the use of this easement area is subject to the provisions of Paragraph 18
hereinafter.
Pulaski Homesites, Inc. hereby grants and dedicates to the public the
area labelled "Park" on the Plat and agrees that it may be incorporated within
Butler Park.
Pulaski Homesites, Inc. and Hill and Dale, Inc. certify and warrant
that the easement granted Southwestern Bell Telephone Company dated September 2,
1960 and recorded in Book 741 at Page 441 in the office of the Circuit Clerk and
Recorder of Pulaski County, Arkansas as described therein and as established on
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the ground does not in any manner cross or affect the tract described above
as Breckenridge First Addition or any of the strips of land or the unplatted areas
described or mentioned above and shown on said Plat.
Pulaski Homesites, Inc. and Hill and Daler Inc. further certify and
warrant that the utility easement to Pleasant Valley, Inc. dated March 6, 1964
recorded in Book 881 at Page 543 in the aforesaid office as limited by the
Certificate of Pleasant Valley, Inc. dated September 17, 19641 recorded in
Book 928 at Page 571 in the aforesaid office,, which easement was assigned by
Pleasant Valley,. Inc. to the City of Little Rock by Assignment dated August 20,
1964 recorded in Book 887 at Page 240 in the aforesaid office as said easement
is described and is located on -the ground is as shown on said Plat of Brecken-
ridge First Addition and in the " 7 0 drainage utility and sewer easement" and
in -the unplatted area on said Plat iiisofar as said easement affects any of the
property shown on said Plat.
Hill and Dale, Inc. for the purpose of clarifying descriptions which
appear in the chains of title to the area outlined on said Plat hereby certifies
and warrants that, subject to the liens of record and subject to the dedications
and easements herein set forth or referred to herein, it is the owner of all of
the SE 1/4 NW 1/4 Section 34, Township 2 North,, Range 13 West which lies
South and West of Rodney Parham Road, which was formerly known as the
County Road, except the tracts designated on said Plat as being owned by
Arnold and Branton. Hill and Dale,. Inc. further certifies and warrants that,
subject to liens of record and subject to the dedications and easements herein
set forth or referred to herein, it is the owner of all of the N 1/2 SW 1/4 of
said Sect ion 34 except that part described herein as Breckenridge First Addition,
two narrow strips of land in the NE 1/4 SW 1/4 shown on said Plat as owned
one by Arnold and one by Branton and a 5 acre tract in the NW 1/4 SW 1/4
shown on said Plat as owned by Arnold.
Hill and Dale, Inc. further certifies and warrants that on September 25,
1964 when it acquired title to the N 1/2 SW 1/4 of said Section 34 except the
aforesaid 5 acre tract owned by Arnold and to all of the SE 1/4 NW 1/4 of said
Section 34 which lies South and West of Rodney Parham Road except the tracts
then owned by Arnold and Branton that there were no railroads of any kind on
any part of the property then acquired by it and that it was informed by persons
who had known the area for many years that there had never been any railroad
on any part of said property and specifically that no person, firm or corporation
has c�ver constructed a railroad or exercised or used any of the rights under the
right-of-way over said SE 1/4 NW 1/4 Section 34 reserved by Little Rock and
Fort Smith Railroad and its trustees in deed dated May 31, 1872, recorded in
Book Y 2 at Page 506 in said office or under the right-of-way over the N 1/2
SW 1/4 of said Section 34 reserved by little Rock and Fort Smith Railway
Company dated in 1882 andrecorded in Book 15 at Page 216 in the aforesaid
office or under the right-of-way over the N 1/2 SW 1/4 and -the SE 1/4 NW 1/4
of said Section 34 for a railroad granted Roy Sturgis Lumber Company in Timber
Deed dated May 10, 1940, recorded in Book 268 at Page 451 in the aforesaid
office.
Hill and Dale, Inc. specifically reserves for itself, its successors and
assigns the right to use any or all of the areas on said Plat marked "uriplatted"
for any use for which same may be rezoned and no implication shall arise
from the joinder of Hill and Dale,. Inc. herein -that said areas will be used for
residential purposes -
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 of both
A-Uotters as referred to above and of the Park of Pulaski Homesites, Inc. all as
shown on the Plat. The dedication and delivery is subject to the limitations
hereinafter set out.
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The lands described hereinabove as being owned by Pulaski Homesites,
Inc. shall be forever known as "Breckenridge First Addition to Iittle Rock,
Arkansas" and any and every deed of conveyance of any lot in said subdivision
describing the same by the number or numbers shown on said Plat shall always
be deemed a sufficient description thereof.
Each Allotter hereby reserves the right to use any surplus dirt in
said streets for its own use and benefit and for the.use and benefit of such
persons, firms or corporations as it may specifically designate.
Said land herein platted as Breckenridge First Additio ' n and any
interest therein shall be held, owned and conveyed subject to and in conformity
with the following covenants, which, subjedn'to being amended or 6ancelled
as hereinafter provided, shall be and remain in full force and effect until
January 1, 1990, to -wit:
Definition of Terms Used
For -the purpose of these restrictions, -the word "street" shall mean
any street, terrace, drive, circle or boulevard.
The word "outbuilding" shall mean an enclosed, covered structure
not directly attached to the residence to which it is appurtenant.
The word "lot" shall mean any lot as platted. A corner lot shall
be deemed to be any lot as platted having more than one street contiguous to it.
Restrictions
1. Use of Land., None of the lots hereby restricted may be
improved, used or occupied for other than private residence purposes, and
no duplex, flat or apartment house, although intended for residence purposes,
may be erected thereon. Any residence erected or maintained on any of the lots
hereby restricted shall be designated for occupancy by a single family.
2. Architectural Committee. No building shall be erected, placed,
or altered on any lot in this subdivision until the building plans and specifica-
tions therefor, exterior color scheme and materials thereof, and plot plan,
which plot plan shows the location and facing of such building, have been
approved in writing by a majority of an architectural committee composed of
Harry B. Brown, R. H. Boshears, William Pearson, A. J. Scott and George
Stewart, or their duly authorized representative, representatives, or successors.
In the event of the death Dr resignation of any member or members of the above
named committeet the remaining member or members shall have full authority
to approve or disapprove such plans, specifications, color scheme: materials
and plot plan, or to designate a representative or representatives with like
authority, and said remaining member or members shall have full authority
to fill any vacancy or vacancies created by the death or resignation of any
of the aforesaid members, and said newly appointed member or members shall
have the same authority hereunder as their predecessors, as above set forth.
In the event the Architectural Committee fails to approve or disapprove any such
plans, specifications, color scheme, materia ' Is and plot plans submitted to
it as herein required within thirty days after such submission, or in the event
no suit to enjoin the erection of such building or the making of such altera-
tion has been commenced prior to the completion thereof, such approval shall
not be required and this covenant shall be deemed to have been fully complied
with. The Architectural Committee shall not be liable for any approval given
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hereunder and any approval given shall not be considered as a waiver of any
requirement of or restriction in this Bill of Assurance. Nothing herein contained
shall in any way be deemed to prevent any of the owners of property in this
subdivision from maintaining any legal action relating to improvements within
this subdivision which they would otherwise be entitled to maintain. The
powers and duties of such Committee or its designated representatives shall
cease on and after January 1, 1990. Thereafter, the approval described in this
covenant shall not be required unless prior to said date and effective thereon
a written instrument shall be executed by the then �ecord owners of a majority
of the lots in this subdivision and duly recorded, appointing a representative
or representatives who shall thereafter exercise the same powers as previous . ly
exercised by said Committee for such period as may be specified in such
instrument.
3. Height and Type of Residence.- No residence shall be erected,
altered, placed or permitted to remain on any lot in said addition other than
one detached single-family residence not to exceed two and one-half stories
in height or a split-level residence and a private garage or carport for not more
than two cars.
4. Ground Frontacie. No lot shall be subdivided without the
written consent of the Architectural Committee and Little Rock Planning
Commission first I -lad and obtained, and in any event no dwelling shall be
erected or placed on any Building site having a width of less than 60 feet
at the minimum building set -back line, nor shall any dwelling be erected
or placed on any lot having an area of less than 7, 000 square feet.
e
5. Sot -Back Requirements. No residence shall be located on any
lot nearer to the front lot line or nearer to the side street line than the minimum'
building set -back lines shown on the recorded plat. No building shall.*be located
nearer to an interior lot side line than a distance of 10% of the average width
of the lot, provided, however, that such distance need not exceed 8 feet except
that a permitted accessory building located 35 feet or more from the minimum
building set -back line may be placed not nearer than 5 feet from the side or
rear lot line. No principal dwelling shall be located on any lot nearer than
25 feet to the rear lot line. For the purposes of this covenant, eaves, steps
and porches not under roof shall not be considered as a part of the building.
6. Area. No dwelling shall be constructed or permitted to remain
upon any lot in this subdivision which has a finished heated living area
measured in a horizontal plane to the face of the outside wall at the top
plate line of such dwelling less than 1080 square feet, except as provided
hereinafter:
(a) Split-level. If a dwelling has finished heated
living areas on different levels and all the finished floor
levels of such areas are separated by more than eight feet
measured vertically, then such dwelling shall have at least
900 square feet of finished heated living area measured in a
horizontal plane to the face of the outs-ide wall at the top
plate line of such dwelling and shall have at least a total of
1350 square feet of finished heated living area.
(b) Two -Story and Story -and -a -Half. If a dwelling has
finished heated living areas on two or more levels or
s Lories , which levels or stories are immediately above and
below each other measured vertically and all of such levels
or stories are above the finished exterior grade of such dwell-
ing, then such dwelling shall have at least 800 square feet
of finished heated living area measured in a horizontal plane
to the face of the outside wall at the top plate line of the
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13. Billboards Prohibited, The construction or maintenance of
billboards, or advertising boards ou structures on any lots is specifically
prohibited except that billboards advertising the sale or rental of such
property are permitted, provided they do not exceed eight square feet in size.
14. Oil and Mineral ❑ erations . No oil drilling, oil development
operating, oil refining, quarrying, or mining operations of any kind shall be
permitted upon or in any building site, nor shall oil wells, tanks, tunnels,
mineral excavations or shafts be permitted upon or in any building site. No
derrick or other structure designed for use in boring for oil or natural gas
shall be erected, maintained or permitted upon any building site.
15. Cesspool. No leaching cesspool shall ever be constructed
or used on any lot.
16. Existing Structure. No existing, erected-- building or structure
of any sort may be moved onto or placed on any of the above described lots.
17. Temporary Structure. No trailer, basement, tent, shackr
garage, bam, or other outbuilding other than a guesthouse and servants'
quarters erected on a building site covered by these covenants shall at any
time be used for human habitation, temporary or permanently, nor shall any
structure of a temporary character be used for human habitation.
18. Easements for Public Utilities. Easements for the installation,
maintenance, repair and replacement of utility services, sewer and drainage
have heretofore been donated and dedicated, said easements being of various
widths, reference being hereby made to the plat filed herewith for a more
specific description of width and location thereof. No trees, shrubbery,
incinerators, structure, buildings, fences, pavement, or similar improvements
shall be grown, built or maintained within the area of such utility easements.
In the event any trees, shrubbery, incinerators, structures, building, fences,
pavement or similar improvements shall be grown, built or maintained within
the area of such easement, no person, firm or corporation engaged in supply-
ing public utility services shall be liable for the destruction of same in the
installation, maintenance, repair or replacement of any utility service
located within the area of such easement.
19. Fences. No fences, enclosure or part of any building of
any type or mature whatsoever shall ever be constructed, erected, placed
or maintained closer to the front lot line than the building set -back line
applicable and in effect as to each lot; provided, however,, that it is not
the intention of this paragraph to exclude the use of evergreens or other
shrubbery to landscape front yard. Moreover, no automobile, truck
trailer, tent or temporary structure of any nature whatsoever, shall ever
be parked, located or otherwise maintained on any lot, provided that it
is not the intention of this paragraph to exclude the temporary parking of
passenger automobiles on any portion of the garage driveway.
20. Sight Line Restriction. No fence, wall, hedge or shrub
planting which obstructs sight lines at elevation between one (1) 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 line and
a line connecting them at points twenty-five (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
limitation shall apply on any lot within ten (10) feet from the intersection of
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a street property line with the edge of a driveway or alley pavement. No
tree shall be permitted -to remain within such distance of such intersection
unless the foliage lines are maintained at sufficient height to prevent
obstruction of such sight lines.
21. Property mines and Boundaries. Iron pins have been set on
all lot corners and points of curve and all lot dimensions shown on curves
are chord distances, and all curve data as shown pn the attached plat filed
herewith is center line curve data. In the event of minor discrepancies between
the dimensions or distances as shown on the attached plat and the actual
dimensions or distances as disclosed by the establishedl',,On0, the pins as
set shall control.
22. Driveway Obstructions._ No obstruction shall be placed in
the street gutter. Curbs shall be broken at driveways, and driveway grades
lowered to meet the gutter line not more than two inches above the gutter grade.
23. Right to Enforce. The restrictions herein set forth shall run
with the land and shall bind the present owner, its successors and assigns,
and all parties claiming by, through or under it shall be taken to hold, agree
and covenant with the owner of the lots hereby restricted, and with its successors
and assigns, and with each of themAo conform to and observe said restrictions
as to the use of said lots and the construction of improvements thereon, but
no restriction herein set forth shall be personally binding upon any corpora
tion, person or persons, except in respect to breaches committed during its,
his or their seisin of title to said land, and Pulaski Homesites, Inc., its
successors and assigns, and also the owner or owners of any of the lots
hereby restricted shall have the right to sue for and obtain an injunction,
prohibitive or mandatory, to prevent the breach of or to enforce the observance
of the restrictions above set forth, in addition to ordinary legal action for
damages and failure of Pulaski Homesites, Inc,its successors or assigns,
or any owner or owners of any lot or lots in this subdivision to enforce any
of the restrictions herein set forth at the time of its violation shall in no event
be deemed to be a waiver of the right to do so thereafter. Pulaski Homesites,
Inc. may, by appropriate agreement made expressly for that purpose, assign
or convey to any person or corporation all of the rights, reservations and
privileges herein reserved by it; and upon such assignment or conveyance
being made, its assigns or grantees may at their option exercise, transfer or
assign those rights or any one or more of them at any time or times in the same
way or manner as though directly reserved by them or it in this instrument.
24. Modification of Restrictions. 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 more than 80%
in area of the land in this subdivision, and the provisions of such instrument
so executed shall he approved by the Little Rock Planning Commission and
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 as hereinabove, and upon the expiration thereof on
January 1, 1990, shall automatically be continued thereafter for successive
periods of ten years each, unless terminated or cancelled as herein provided.
25. So2arability. Invalidation of any restriction set forth herein
or any part thereof by an order, judgment, or decree of any court, or other-
wise, shall not invalidate or affect any of the other restrictions or any part
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thereof as set forth herein, but they shall remain in full force and effect.
IN WITNESS WHEREOF, Pulaski Homesites, Inc. and Hill and Dale,
Inc-.: have caused this instrument to be executed by their respective Presidents
„•,•,,,pnd•attested by their respective Secretaries at Little Rock, Arkansas, and
;tdicxr'res tive corporate seals hereto affixed this. 2'2
.rtay•0f , 1965.
• • AxTL T: PULASKI HOMESITES, INC.
••Larry B. awn, Secretary W. S. Mitchell, President
ATTEST:
err H ' Town, Secretary
HILL AND DALE, INC.
Anne H. Bond, President
r Q�
PC..��aw�.
ACKNOWLEDGMENTS
SPATE OF ARKANSAS)
) SS if
COUNTY OF PULASKI) J
On this � • � day of Qdi-tVKfi- 1965, before me,
Notary Public, duly commissioned, qualified and acting, within and for
the said County and State, appeared in person the within named W. S.
Mitchell and Harry B. Brown, to me personally well known, who stated
that they were the President and Secretary of PULASKI HOMESITES„ INC.,
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.
;,,,,,,,,,j,N,TESTIMONY WHEREOF, I have hereunto set my hand and official
' I tI{is - •� day off7! G �t ,_.�-- •'ij ,- 1965.
v.
' Notary Public G
'•,MytC�m3srt�s5ion Expires: /
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STATE OF ARKANSAS )
) SS
COUNTY OF PUTASKI)
On this � � day of ��t�4A-J . 1965, before me,
Notary Public, duly commissioned, qualified and acting, within,and for
the said County and State, appeared in person the within named Anne H.
Bond and Harry B. Brown, to me personally well known, who stated that
they were the President and Secretary of Hill and Dale, Inc., 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 WHEREOF, I have hereiInto set my hand and official
seal this hcL' day of LJ '71L' �- r 1965.
°Nly C36int$ission Expires:
Notary Public �' U
ENGINEER'S CERTIFICATE
Ken Schuck, Registered Engineer, herein called Engineer, certifies
that he has surveyed the N 1/2 SW 1/4 and that part of the BE 1/4 NW 1/4
lying South and West of Rodney Parham Road (County Road) all of said
property behig in Section 34, Township 2 North, Range 1.3 West, Pulaski
County, Arkansas ■ and that he has walked over all of said property and
is thoroughly acquainted with it and has made the Plat referred to in the
foregoing Bill of Assurance of Pulaski Homesites, Inc., and Hill and Dale,
Inc. , which Bill of Assurance he has read.
Engineer states that nowhere on said property is there any evidence
that a railroad or tram road or logging train road has ever been on any part
of said property.
Engineer further certifies that the easement heretofore granted to
Pleasant Valley, Inc. , referred to in said Bill of Assurance, is correctly
shown on said Plat and conforms to the location on the ground of the sewer
line constructed under said easement.
The easement granted and dedicated to Little Rock Special School
District by said Bill of Assurance is correctly shown on said Plat.
The easement heretofore granted Southwestern Bell Telephone Company,
referred to in said Bill of Assurance, as described and as located on the
ground does not cross any part of Breckenridge First Addition or any part of
the property owned by Hill and Dale, Inc. and shown outside of said Addition
on said Plat.
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000K 042 PAGAM
Said Plat shows all of the SE 1/4 NW 1/4 of said Section 34 which
lies South and West of Rodney Parham Road which was formerly referred to as
the "County Road". Approximately 16 acres of this quarter section lies
South and West of that Road and the record owners of za11 of that acreage are
as shown on the above mentioned Plat, .to -wit: Hill and Dale, Inc. t Arnold
and Branton.
EXECUTED this day of Novembers 1965.
Ken Schmck, Registered Engineer
NO g_q 1 FIMED FOR RMRH 3.0Zg-g
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AT ❑ _M. , AIM RECORDED
(SEAL) ROGER McIJAIR, CIRCUIT' CLERK.,
FOR PLAT SEE PLAT BOOK 18, PAGE 43.
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