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Home My WebLink AboutBill of Assurance 101623loom 759 PAGE 72 The lands embraced in said plat as above described shal•1 be for- ever known as WILTON HEIGHTS, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, and every and any deed of conveyance for any lot In said Addition describing the some by the number or numbers as shown on said plat shahl always be deemed a sufficient description thereof. The Grantor hereby reserves the right to use any surplus dirt in said streets for its use and benefit. The streets in said Wilton Heights Addition sheV] be known by the names designated on said plat attached hereto. The lots in said Wilton Heights Addition shall be sold by the Grantor and shal`i be purchased by the buyers thereof subject to the following convenants that shall°run with the land, toswits 1. All lots in the Addition shall be known and described as residential lots, and no structure shall be erected on any residential lot other than a residence for one or two families, a private garage for not more than two cars and one servant's room. 2. No building shall be located Aearer than 8 feet to an in- terior lot line or 10% of the average"width of the lot provided, how- ever, such side yard need not exceed 8 feet in width, except that side yard shall -be 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 as a part of a building. No main building shall be built on any lotA n said addition nearer than 25 feet to the rear -lot line. 3. Steps and stopps may project over the building line, but no porches, entrances, or rooms shall extend over said building line as shown on the plat. 4. The ground floor square foot area of any single-family dwelling constructed on any one of the lots numbered from 1 to 51, both inclusive, shall be at least 800 square feet, and of any two-family dwelling, 1200 square feet. - 2 80Dk 756 p4GE 73 5. No trailer, basement, tent, shack, garage, barn or other out- building erected on any lot in the Addition shall'at any time be used as a residence, temporarily or permanently, nor shall any residence of a tem- porary character be permitted. 6. No buildings, fences, porte-cocheres, incinerators, paved drive- ways, or any other permanent improvement of any kind or nature whatever, or any trees or similar obstructions of any kind whatever, whether herein speci- fically enumerated or not, 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 the destruction of the same in maintaining or repairing its lines located within the area of said easement. 7. No livestock or poultry of any kind shall:be kept on the premises, with the exception of domestic pets. S. The above covenants and restrictions are to run with the land and shall be binding upon a•II the parties and all persons claiming under them until February 1, 1961, at which time said covenants shall be automatically extended for successive periods of ten years unless by a vote of the majority of the then owners of the lots it is agreed to change said covenants inwhold or in part. 9. No lot, improved or unimproved, may be sold by the owner thereof unless and until the owner thereof shall have received a bona fide offer for the purchase thereof in writing and shall have given notice of such offer in writing to the owner or owners of all lots adjoining said lot having a common boundary line with said lot, of the nam a or names of the offeror and the price, terms and conditions of such offer; whereupon, the owners of such adjoining tots shall have a prior right to purchase said lot at the same price and upon the same terms and conditions as are contained in such offer. The notice of such offer shall be given to such owners of adjoining lots by Registered Mail addressed to such owners at the last known address of such owners. The prior right of purchase herein given to the owners of adjoining lots shall expire at 5:00 p.m. of the 7th day following the mailing of the notice of such offer, excluding the day of mal:ling as the first day, and the mailing of such notice shall be deemed valid and effective whether or not the same in fact is actually delivered to the owners of such adjoining lots,1 - 3 - ODOR 756 Mi 74 The right of purchase may be exercised by giving notice thereof and delivering the same by mailing the same by Registered Mal'i showing the date and time thereof, to the seller at his lest known address. In the event more than one owner of an adjoining lot 'shal'lexercise the right of purchase, the owner exercising the same first In time as determined by the Registered Mall receipt of ma111ng shadliprevaII. Upon the exercise of the right of purchase, the purchaser"shall thereupon have 15 days within which to make payment and accept title to said lot and lmproyements. If the owners of adjoining lots shall not exercise the right of purchase or shall) -waive such right of purchase in writing, and the seller shall thereafter fall to convey the lot to the party making the offer at the price and upon the terms and conditions thereof, the above restrictions against the sale thereof without giving notice of an offer therefore shall continue in full force and effect and the right of purchase shall apply with respect to any new offer or subsequent offer. without regard to time. The owners of adjoining lots may at aid, times waive the right of purchase in writing which they have hereunder. This covenant shall run with the land and shall'be binding on-01-1 owners and successive owners of lots In this subdivision, provided, however, that this covenant shall expire 20 years after the date of the filing of this Bitl of Assurance, unless this covenant be extended beyond said 20-year period for a new period not exceeding 20 years by a written instrument signed and acknowledged by the owner or owners of over 50.% in area of the Mend In this subdivision, and further extensions may be effected in like manner. 10. 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 dot or lots In said Addition to prosecute, any proceedings at law or in equity.agalnst the person or persons violating or attempting to violate any such covenant or restriction, and either to prevent hime or them from so doing or to recover damages, or both, for such violation. 11. No obstruction shall -be placed In the street, gutter, curbs; curbs shall be broken at driveways, and driveway grades lowered to meet the gutter line not more than 2 inches above gutter grades. I - 4 - soon 756 PdGE 75 12. The invalidation of any one of these covenants or restrictions 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 WHEREOF, the said Grantor has caused this BIIJ of Assurance to be executed in its name and for and in its behalf by its President and Secretary, duly authorized so to act, and has caused Its corporatic seal to be affixed hereto, on this 1�_, % day of February, 1961. RECTOR-PHILLIPS-MORSE, INC. ( FOR PLAT, SEE PLAT BOOK 9, PAGE 26.) B y ATTESTI President ze r, r Eetary •. ? �:�7111 H:11111 ACKNOWLEDGMENT STATE OF ARKANSAS ) SS COUNTY OF PULASKI On this day before me, the undersigned, a Notary Public, duly commissioned, qualified and acting within and for said County and State, appeared in person the within named �G and r' L2-Zaj� who stated that they were the President and Secretary, respectively, of Rector - Phillips -Morse, Inc., a corporation, and were duly authorized In their respec- tive 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. WITNESS my hand and official seal, this day of FebEY�i�9U1., Not y Pub is ....'u.,` My.corlmission expiress This instrument was prepared bys Rector -Phillips -Mo , Inc. 312 ''hest Capito � Little Rock, Arkasas 5 - [PLAT BOOK NO 9 PAGE261 R J n J 1 s _ nW H..E._I' 6•,H.TaS ITL T 0 N Ij 1- e C L. I I AN ADDITION TO THE CITY OF LITTLE ROLK,ARKANSAS BEING A REPLAT OF BLOCKS 9, 10, II, 12 AND THE NY, BLOCK 13 b BELLEWE ADD AND OTHER LANDS IN THE SEIA SEC 2A T-2-N R-1]-W PULASKI GOUNTY,ARKANSA9 p 0 rr mir - Kinv—d 11 - � N B E L L E !7U E w AGOI i1DN Ak' J !y tsl y n n TN/RD STRGE] �'l ,y ��•_-eo•- �, cp' Q'ca-- ca-- g ao'� g ia'� ,� 1175' � ma �f 1 + ��n o__ �[1C ❑ `j C y l I I s as• rs• +r'� duJldi s r-B��t tr ..., I _J n � d0' �' GO' - •_ Ga' `+x A� rrr I i h! h GP' $ h Pc' ca• � W/-/lTEOd �►C L 4NL � •b G3• -`.�. $L $. 7S7'� ��lpA]• ri y � I ? I I o i o � � � m �'` o BuJ/d'nq 5r r • d.r_F C:n. 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