HomeMy WebLinkAboutBill of Assurance 1221237a)
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196^t- ROGUH MoVAIR,, CLM
BILL OF ASSURANCE
PACE
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, International Paper Company, a New York,
corporation, hereinafter called "Allotter", is the owner of the
following described lands lying ih the County of Pulaski, State
of Arkansas, to -wit:
A parcel of land in the SEh NW4, Section 34,
T-2-N, R-13-W, Pulaski County, Arkansas, more
particularly described as: Starting at the
northeast corner SEh NWk, said Section 34;
thence N 890 441W along the north line of
said SEh NW;4, 330.2 feet to a point on the
east line of Lot 133, Colony West First Addi-
tion to the City of Little Rock, Arkansas;
thence S 00'18'E along said east line of Lot
133 and said line extended, 137.8 feet to the
point of beginning of the parcel of land herein
described; thence continue S 00 18'E, 856.2
feet to a point on the north right-of-way
line of Rodney Paxham Road; thence N 470 21'
30" W along said north right-of-way line, 3#3.7
feet;.thence northwesterly along the arc of a
90.0 foot radius curve to the right, having
a long chord bearing and distance of N l00 20'
3011W, 104.25 feet to a•point on the east right-
of-way of Breckenridge Drive; thence north-.
easterly along said east right-of-way line
being the arc of a 507.5 radius curve to the
left, having a long chord bearing and distance
of N 200 41'30"E, 363.1 feet; thence continue
along said east right-of-way line, N 00 16'
30"W, 273.9 feet; thence S 560 23'E, 168.3
feet to the point of beginning, containing
3.447 acres, more or less.
AND -
A parcel of land in the NE4 NWT and in the SE4
NW4, Section 34,•T-2-N, R=13-W, Pulaski County,
Arkansas, more particularly described as:
Starting at the northwest corner of the NEh
NWh, said Section 34; thence"S 00 2V W along
the west line of said NE4 NW4, 202.57 feet to
the point of beginning of the parcel of land
herein described; thence S 620 011E, 237.4
feet; thence S 500 58'30"E, 78.25feet; thence
S 110 07130"E, 309.8 feet; thence S 310 06'30"E,
695.8 feet; thence S 560 231E, 146.05 feet to
a point on the west right-of-way line of Brecken-
ridge Drive; thence S 00 16.'30"E along said west
right-of-way line, 314.0 feet; thence southwesterly
along said west right-of-way line being the arc
of a 447.50 foot radius curve to the right,xtbaving
Thls Instrument was prepared by
Clowning, Mitchell. Hamilton & Ourrow
1200 Boyle 8uitdlra
Uttb Rodt, Arkansas
01 `VAGE RE:
a long chord bearing and. distance of S 200
41'30" W, 320.2 feet; thence southwesterly
along the arc: of "a 90.0, foot' radius • curve to
the right, having a long•.chord bearing and
distance of S 870 06130 W, 89.0 feet to a
point on the north right-of-way line of Rodney
Parham Road; thence northwesterly along said
north right-;-of-way line, being the arc of a
4,192.6 foot (plat 3, 876.0') radius curve to
the left, having a long chord bearing and
distance of N 510 15'30" W 354.35 feet; thence
continue along said north right-of-way line
N 530 49'30" W (plat N•530 39130" W), 42.6.2 feet
to a point on the west line of the SE'-4 NW'-., said
Section 34; thence N 00 26' E along the west°
lines -of the SE4 NWQ and the NEQ NW4, 1,286.4
feet to the point of beginning, containing
19.029 acres, more or less.
And it is deemed desirable that the above described
property be now subdivided into building tracts as shown on the
plat filed herewith as more particularly designated hereinafter,
and that said property be held, -owned and conveyed subj6ct to
the protective covenants herein contained, in order to enhance
the value of the said property.
NOW, THEREFORE, International Paper Company, a New York
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 filed herewith show-
ing surveys made by Edward G. Smith, Registered Engineer, and
executed by him July 15, 1967 executed by it September 29 1967
and bearing a Certificate of Approval executed by the Little Rock
Planning Committee, said plat showing the bounds and dimensions
of the property now being subdivided into tracts, described by
tracts as shown thereon.
The lands embraced in said plat shall forever be known
as "Colony West Commercial Subdivision to Little Rock, Arkansas", -
being a Subdivision in the SE4 NW4 and in the NE4 Nw4 of Section
34, Township 2 North, Rance 13 West, Pulaski County, Arkansas,
and any and every deed of conveyance of any tract in said sub-
division describing the same by the number or numbers shown on
said plat shall always be deemed a sufficient description thereof.
Said land herein platted and any interest therein shall
be held, owned and conveyed.subject to.and in conformity with the
following covenants, to=wit:
RESTRICTIONS
1. Use of Land. All tracts shall be used and all improve-
ments made thereon shall be used and made -in conformity with all
applicable laws, ordinances, rules and regulations of the City of
Little Rock, Arkansas.
2. Architectural Committee. No building shall be
erected, placed or altered on any tract in this subdivision until
the building plans and specifications therefor, exterior color
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scheme and .materials thereof,_ and- Plot'- plan,"which plot plan
'shows the-location.and.facing of such building, having been
approved in .writing, bY. a .,majority Of ,an- architectural committee
composed of..Raymond"Boshears, Wayne.Leisher'and Carl N. Miller;
or their duly authorized representative,'.'representatives, or
successors. In the.' vent• of -the': -death or - resignation. -of any
member or members -of the'7above named committee; the- remaining
member' or members shall' •have fu11 authority to apprve or dis-
approve such plans, spec fi.cat,ns color. scheme, materials, and
plot plan, or•'to.designate:'a representative•or-representatives
with , like authority 'and said 'remaining .member 'or' membersshall
have full authority to :an'
y vacancy -or vacancies created by
the death or resignation.of any of the aforesaid mernbers; and
said newly appointed member or members shall have the same author
ity 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, materials and plot
plans submitted -to it as herein required within thirty (30') days
after such submission, or in•the•event no suit to enjoin the
exection of such building or the making of such alterations 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 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
improvement within this subdivision which they would otherwise be
entitled to maintain. The 'powers and'ddties.of such committee or
its designated representatives.shall cease.on and after January 1,
1986. Thereafter, the approval described in this covenant shall
not be required unless -.prior to said date and effective thereon a
written instrumentshall be executed by the then -record owners of
a majority of the tracts -in this subdivision and duly recorded,
appointing a -representative or representatives who shall there-
after exercise the same powers.as previoiasl'y exercised by said
committee for such"period.as may be specified in such instrument.
3. Pro ert 'Lines and Boundaries. Iron pins have been
set on all tract corners and points of curve and all -tract dimensions
shown..on curves are chord distances, and all curve data as shown
on the attached plat filed herewith is center line curve data. In
the event o'f'minor discrepancies between the dimensions or distances
as shown on.the attached plat and the actual dimensions or distances
as disclosed by.the established pins,.the pins as set shall control.
4. Ri ht to Enforee. The restrictions herein set forth
shall run with the land and.shall bind the present. owner, its
successors;and.assigns; and'all",:partie's claiming by, through or
under it shall be taken to.hold; agree .and covenant with the
owner.of the tracts hereby'restricted- and with its successors and
assigns, --and with'.each of 'them! tb conform to and observe said res-
trictions as to the use of said tracts and the construction of
improvements thereon; but no restriction,•herein 'set forth -shall '.
be. personally binding upon any corporation, person or persons,.
except in respect.to breaches committed during its, his or their
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seisin•of title to'.said land'; and International Paper Company, its
successors and assigns, and also the owner.or owners of any of -the
tracts 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 actioh'.for damages and failure of
International Paper Company, its successors'or assigns, or any
owner or owners of any trsct..,or•tracts 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. International Paper Company,
may, by appropriate agreement made exliessly 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 instru-
ment.
IN WITNESS WHEREOF, International Paper Company has
caused this instrument to be executed by its attorney in fact•
and attested by its Assistant Secretary at Kansas City, Missouri,
and its corporate seal hereto affixed, this 29th day of
September - - - - , 1967.
INTERNATIONAL PAPER COMPANY
Attorney in Fact
`'.' I:XT BK. P�4GE 47) .
A'i.TS (FUR PLAT.. S1;E I' ,
+?As5X's;taiit secretary
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S SATE QF"AISSOURI)
ss
COUNTY -OF JACKSON) J f
ACKNOWLEDGMEN
on this 29th day of September •- - - , 1967, before
me, a Notary Public, duly commissioned, qualified and acting,
within and for the said County and -State, appeared in person the
within named Carl E. Ifiller - - - - - - - - - - and Lee Hopkins -
- - - - _ - - - - - , to me.- • personally well-known, who stated
that they were the Attorney in Fact and Assistant•Secretary of the
INTERNATIONAL PAPER -COMPANY, 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 de-
livered said foregoing instrument for the consideration; uses,
and purposes therein mentioned and set forth.
=YN"TEST1MONY.WHEREOF, I have hereunto set my hand and
Qc1F:ea'xrhis 29th day of September - - 1967.
Ln
L = atary Public
My corun4 ash #n expai.res
A► its t' a ' 970. -4-