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HomeMy WebLinkAboutCover Letter 030124City of Little Rock Planning and Development Filing Fees Date 12/18 Annexation Board of Adjustment Cond Use Permit/T UP Easement Abandonment Final Plat Planned Zoning Dev Preliminary Plat Special Use Permit Rezoning Right -of -Way Abandonment Site Plans Street Name Change Street Name Signs Number at ea Public Hearing Signs Number 1 at 5 ea 20 23 DEPARTMENT OF PLANNING & DEVELOPMENT $ $ $ 600 $ $ 15 Total $ 615 File No 02- 47972.re Location 8 Serenity Dr, 8 Cherry Valle , 4 Catalina Ct Applicant Larry Evans ByDebra Stafford CASE FILE NO. Z- PLANNING COMMISSION MEETING DOCKETED FOR at D.M. Application is hereby made to the Board of Directors of Little Rock, Arkansas through the Planning Commission pursuant to Arkansas law on City planning, Act 196 of 1957, Acts of Arkansas, and Section 36 of the Little Rock Code of Ordinances as amended, petitioning for classification of the Following described area as a Short Form Planned Zoning Development. Legal Description: Title to this property is vested in: FV11AJS 1 7 ZA 92, 7 If an individual other than the title holder files this application, attachment of a letter is required authorizing this person to act on behalf of the title holder. It is desired that the boundaries shown on the District Map be amended and that this area be amended and that this area be reclassified from the present _ District to District. Present Use of Property: — Desired Use of Property: — I.-ZA An .2e— -- It is understood that notice of the public hearing hereon before the Little Rock Planning Commission will be published at least Fifteen (15) days prior to said hearing in a daily newspaper as required by Act 186 of the 1957 Acts of Arkansas and Section 23 of said Ordinance, and that notice of preliminary hearing before the Commission must be circulated by the applicant to all other parties in interest, including owners of land within 200 feet of the boundary of the area under consideration as required by the rules of the Commission. and that the cost of these notices shall be bonze by the applicant. (OWNER)RI ,4 r� MAIL ADDRESS:_l or (AGENT) HOME PHONE: .2 - G & FILING FEE: e Y� ;o . cow Collectors BUSINESS PHONE: P.C. APPROVED: P.C. DENIED: $ paid stamp BD. OF DIR. APPROVED: here ORDINANCE NO Z 14Lr2 7 2- Signature of Secretary of Commission or Authorized Agent 8 Cherry Valley Little Rock, AR 72211 Lot 63 Walnut Valley Addition Size 3 Bedroom, 2 Bathrooms 1460 Sq Ft Large living room and kitchen for family get togethers. Large fenced in backyard. Parking 2 car enclosed garage. Drive -way parking for 4 cars. Use Mid-term Rental (Minimum 1 month) Currently hosting family displaced by tornado. Short-term Rental (Minimum 2 day stay) Entire House Past Guest Experiences Traveling Nurses Tornado victims Holiday Family Gatherings People coming in for medical reasons. Business stay Sports and Entertainment Events Current Rating from past guest 4.91 Rating out of 5 Currently a Super Host for Airbnb I LANDMARK Abstract & Title Insurance Company 801 WEST FOURTH STREET • LITTLE ROCK, ARKANSAS 72201 TELEPHONE (501) 375-7261 INTERNATIONAL PAPER COMPANY, By Wayne Leisher and Lee Hopkins, Assistant Secretary and TRANSPORTATION PROPERTIES, INC. By Bruce T. Bullion, Vice - President and R. D. Rawn, Secretary, and Paul J. Mooser and Betty R. Mooser, his wife, (corporate seals shown), to The Public. KNOW ALL MEN BY THESE PRESENTS: INSTRUMENT BILL OF ASSURANCE DATED August 4, 1970 FILED August 19, 1970 @ 3:05 P. M. RECORDED IN DEED BOOK 1117 PAGE WHEREAS, International Paper Company, a New York Corpora- tion, Transportation Properties, Inc., an Arkansas corporation, and Paul J. Mooser and Betty R. Mooser, his wife, hereinafter called "Allotters". are the owners of the following described lands lying in the County of Pulaski, State of Arkansas, to -wit: TH[ AMCRIC AN TITLL ASZOCtATION A tract of land in Sections 33 & 34, T-2-NI) R-13-W, Pulaski County, Arkansas, more particularly described as: Beginning at the Northwest corner of the SW'k NW'k Section 34, T-2-N2 R-13-W; thence N 890 59' 45" E along the North line of said SWk NWk 516.5 ft. to a point on the West R/W line of proposed Interstate Route No. 430; thence Southerly along said Westerly R/W line the following courses and distances; S 160 29' 05" E 183.50 ft.; S 230 45' 22" E 531.9 ft., S 010 13' 50" E 350.3 ft.; S 040 26' 30' W 260.7 ft.; S 00 01' 43" W 402.4 ft.; S 060 51' 13" W 301.5 ft.; thence leaving said Westerly 235 22. LANDMAR Abstract & Title Insurance Company 801 WEST FOURTH STREET a LITTLE ROCK, ARKANSAS 72201 TELEPHONE (501) 375-7261 DEED 1117/225. -2- R/W line, N 620 35' W 781.7 ft.; thence S 66' 23' W 831.8 ft.; thence N 610 09' 13" W 191.2 ft.; thence S 600 46' 47" W, 222.0 ft.; thence S 500 44' 47" W 114.5 ft.; thence S 230 20' 471 W, 86.3 ft.; thence S 110 50' 47" W 70 ft.; thence N 760 53' 13" W 121.4 ft.; thence N 730 26' 50" W, 60.2 ft.; thence N 890 19' 27" W 131.3 ft.; thence S 680 40' 331 W 213.5 ft.; thence S 890 45' 33" W 366.3 ft.; thence N 0° 14' 27" W, 120.0 ft.; thence N 20' 03' 27" W 53.3 ft.; thence N 00 14' 27" W, 120.0 ft.; thence N 800 53` 27" W, 58.0 ft.; thence N 270 57' 45'' E 451.6 ft.; thence N 100 42' 45'' E 186.9 ft. to a point on the North line of NW4 SE4 Section 33; thence S 890 40' 15" E along said North line 595.2 ft. to the Northeast corner thereof; thence N 890 47' 45" E along the North line of the NV-4 SE4 said Section 33, 676.75 ft. to the Southwest corner of the SE4 SE4 NE4 said Section 33; thence N 00 19' 35, W along the West line of said SEk SE4 NE4 119.45 ft.; thence N 890 40' 25" E, 160.0 ft.; thence N 00 19' 35' W along a line 160 ft. East of and parallel with said West line of the SE4 SE4 NE4 540.1 ft. to a point on the North line of said SE4 SE'k NE4; thence N 890 47' 45" E, along the North line of said SE4 SE4 NE4 496�.25 ft. to the North- east corner thereof; thence N 00 08' 30" W along the West line of the SW4 NW4 Section 34, 672.1 ft. to the Northwest corner thereof and the point of beginning, containing 68.309 Acres, more or less. And it is deemed desirable that the above described property be now subdivided into building lots and streets as shown on the plat filed herewith as more particularly designated hereinafter, and that said property be held, owned and conveyed subject to the 9 236 THE AMERICAN TITLE ASSOCIATION LANDMAR Abstract & Title Insurance Company 601 WEST FOURTH STREET a LITTLE ROCK, ARKANSAS 72201 TELEPHONE (501) 375-7261 DEED 1117/225. -3- protective covenants herein contained, in order to enhance the value of the said property. NOW, THEREFORE, International Paper Company, a New York corporation, Transportation Properties, Inc., an Arkansas corpora- tion, and Paul J. Mooser and Betty R. Mooser, his wife, for and in consideration of the benefits to accrue to us, our respective heirs, representatives, successors and assigns, which benefits we acknowl- edge to be of value, have caused to be made a plat filed herewith showing surveys made by Edward G. Smith, Registered Engineer, and executed by him July 31, 1970, executed by them August 4, 1970, 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 lots and streets, des- cribed by lots and streets as shown thereon. Allotters hereby donate and dedicate to the public an easement of way on and over such of the real property owned by them designated as streets on said plat to be used by the public as public streets. In addition to the said streets, there are shown on said plat certain easements for drainage and utilities which Allotters hereby donate and dedicate to and for the use by public utilities, the same being without limiting generality of the foregoing electric power, gas, telephone, water and sewer, with the right hereby granted to the persons, 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 utility services. The filing of this Bill of Assurance and Plat for record in the Office of the Circuit Clerk and Ex Officio Recorder of THE AMERICAN TITLE ASSOCIATION 237 1 LANDMAR Abstract & Title Insurance Company 901 WEST FOURTH STREET . LITTLE ROCK, ARKANSAS 72201 TELEPHONE (501) 375-7261 DEED 1117/225. -4- Pulaski County shall be a valid and complete delivery and dedica- tion of the streets and easements subject to the limitations herein set out. The lands embraced in said plat shall be forever known as "Walnut Valley, an Addition to Little Rock, Arkansas', being a subdivision in Sections 33 and 34, Township 2 North, Range 13 W, Pulaski County, 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. The Allotters hereby reserve the right to use any surplus dirt in said streets for their own use and benefit and for the use and benefit of such persons, firms or corporations as they may specifically designate. Said land herein platted and any interest therein shall be held, owned and conveyed subject to and in conformity with the following covenants which, subject to being amended or cancelled 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. ••�C wu�R�C ��• TITLE ASSOCIATION 238 LANDMARK Abstract & Title Insurance Company 801 WEST FOURTH STREET • LITTLE ROCK, ARKANSAS 72201 TELEPHONE (501) 375-7261 DEED 1117/225. The word 'lot-' shall lot shall be deemed to be street contiguous to it. -5- mean any lot as platted. A corner any lot as platted having more than one Restrictions 1. Use of Land. Except as herein provided, 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 Control Committee. No building shall be erected, placed or altered on Lots 22 through 26, inclusive; Tract A; and Lots 109 through 194, inclusive, in this subdivision until the building plans and specifications therefor, exterior color scheme and materials thereof, and plot plan, which plot plan shows the lo- cation and facing of such building, have been approved in writing by a majority to an Architectural Committee composed of Raymond Boshears, William Pearson, A. J. Scott, Wayne E. Leisher and R. D. Rawn, or their duly authorized representative, representatives, or successors, said persons being hereby constituted as the Architectural Committee for the foregoing described lots. No building shall be erected, placed or altered on Lots 9 through 21, inclusive, and Lots 27 through 44, inclusive, in this subdivision until the building plans and specifications 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 2 H THE A14ERICAN TI TLC ASSOCIATION LANDMAR Abstract & Title Insurance Company 601 WEST FOURTH STREET a LITTLE ROCK, ARKANSAS 72201 TELEPHONE (501) 375-7261 DEED 1117/225. -6- composed of Paul J. Mooser, Betty R. Mooser and Elbert L. Fausett or their duly authorized representative, or representatives, or suc- cessors, said persons being hereby constituted as the Architectural Committee for the foregoing described lots. No building shall be erected, placed or altered on Lots 9 through 21, inclusive, and Lots 45 through 99, inclusive, in this subdivision until the building plans and specifications therefore, 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 Herman Shirley, Russ McDonough and Thomas E. Downie, or their duly authorized representative, representatives, or successors, said persons being hereby constituted as the Architectural Committee for the foregoing described lots. In the event of the death or resignation of any member or members of the above named committees, 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 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 fail to approve or disapprove any such plans, specifications, color scheme, materials and plot plans submitted to them 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 alteration has been commenced prior to the completion thereof, such approval shall not be required and this covenant shall be deemed to have been fully a THE AMERICAN TITL[ ASSOCIATION 21 0 LANDMARK Abstract & Title Insurance Company 801 WEST FOURTH STREET a LITTLE ROCK, ARKANSAS 72201 TELEPHONE 1501) 375-7261 DEED 1117/225. -7- 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 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 duties of such Committees or their designated represen- tatives 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 exe- cuted by the then record owners of a majority of the lots in this subdivision and duly recorded, appointing a representative or repre- sentatives who shall thereafter exercise the same powers as previously exercised by said Committees 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 lots 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 Frontage. No lot shall be subdivided without the written consent of the Architectural Committees and Little Rock Planning Commission first had and obtained, and in any event no dwelling shall be erected or placed on any building site having a width of less than 65 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 7500 square feet. 9 THE AMERICAN T I TL£ ASSOCIATION 5. Set -Back Requirements. No residence shall be located 241 LANDMAR Abstract & Title Insurance Company DEED 1117/225. 801 WEST FOURTH STREET a LITTLE ROCK, ARKANSAS 72201 TELEPHONE (501) 375-7261 10 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 horizonal plane to the face of the outside wall at the top plate line of such dwelling less than 1250 square feet, except as provided hereinafter: (a) Split-level. If a dwelling has finished heated living areas on a different level 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 1,100 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 such dwelling and shall have at least a total of 1,500 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 stories, which levels or stories are immediately above and below each other measured vertically and THE AMERICAN TITLE ASSOCIAT1oN 242 LANDMAR Abstract & Title Insurance Company 801 WEST FOURTH STREET a LITTLE ROCK, ARKANSAS 72201 TELEPHONE (501) 375-7261 DEED 1117/225. -9- all of such levels or stories are above the finished exterior grade of such dwelling, 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 outside wall at the top plate line of the first level or story of such dwelling and shall have at least a total of 1,500 square Feet of finished heated living area; provided, however, that the top story or level may have less than 500 square feet of finished heated living area if the first level or story shall have at least 1,250 square feet of finished heated living area measured in a horizontal plane to the face of the out- side wall of the first level or story of such dwelling. In the computation of finished heated living area, the same shall not include any basement or attic area used for storage. All dwellings shall have an attached carport or garage for at least two automobiles. 7. Buildin_�Material Requirements. No residence shall be erected, placed or constructed on any lot in this addition unless at least 50% of the exterior walls thereof be brick, brick veneer, stone or stone veneer; provided, however, that the area of all windows and doors located in said exterior walls shall be excluded in the determination of the area of said exterior walls, and further provided that where a gable -type roof is constructed and a part of the exterior wall is extended above the interior room ceiling line due to the construction of such gable -type roof, then that portion of such wall extending above the exterior room ceiling height may be constructed of wood material and shall also be excluded from the square foot area in the determination of the area of the exterior walls of said residence. aThe Architectural Committees shall have the right to reduce or waive entirely the building material requirements set forth above. 243 7HE AM E RICAN 'S `' ✓ ITLC ASSOCIATION � , LANDMAR Abstract & Title Insurance Company 801 WEST FOURTH STREET a LITTLE ROCK, ARKANSAS 72201 TELEPHONE 1501) 375-7261 DEED 1117/225. -10- 8. Frontage of Residence on Streets. Any residence erected on any of the lots herein shall front or present a good frontage on the streets designated in the plat, and for this pur- pose as applied to all inside lots, it shall mean that the resi- dence shall front on the street designated, and on any corner lot it shall mean that the residence shall front or present a good frontage on both of the streets designated in the plat. 9. Commercial Structures. No building or structure of any sort may ever be placed, erected, or used for business, pro- fessional, trade, or commercial purposes on any portion of any lot. This prohibition shall not apply to any business or structure that may be placed on any lot or portion of a lot that is used exclu- sively by a public utility company in connection with the furnish- ing of public utility services to Walnut Valley. 10. OutbuildinQ Prohibited. No outbuilding or other detached structure appurtenant to the residence may be erected on -any of the lots hereby restricted without the consent in writing of the Architectural Committees. 11. Livestock and Poultry Prohibited. No animals, live- stock or poultry of any kind shall be raised, bred or kept on any lot or part thereof, except that dogs, cats, or other house- hold pets may be kept, provided they are not kept, bred or main- tained for commercial purposes. 12. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any trash, ashes or other refuse be thrown, placed or dumped upon any vacant lot, nor shall anything ever be done which may be or become an aoyance or nuisance to the neighborhood. THE AMERICAN -J IR TITLE ASSOCIATION i/�/. 4 Lip LANDMAR Abstract & Title Insurance Company 801 WEST FOURTH STREET a LITTLE ROCK, ARKANSAS 72201 TELEPHONE (501) 375-7261 DEED 1117/225. -11- 13. Billboards Prohibited. The construction or maintenance of billboards, or advertising boards or structures on any lot 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 Operation. No oil drilling, oil development operating, oil refining, quarrying, or mining opera- tions 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, shack, garage, barn, or other outbuilding other than a guest house 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 width, reference being i 245 THE AMERICAN TITLE ASSOCIATION LANDMARK Abstract & Title Insurance Company DEED 1117/225. 801 WEST FOURTH STREET a LITTLE ROCK, ARKANSAS 72201 TELEPHONE (501) 375-7261 -12- hereby made to the plat filed herewith for a more specific descrip- tion of width and location thereof. No trees, shrubbery, incinera- tors, structure, building, fences, pavement or similar improvements shall be grown, built or maintained within the area of such utility easement. In the event any trees, shrubbery, incinerators, struc- tures, building, fences, pavement of similar improvements shall be grown, built, or maintained within the area of such easement, no person, firm or corporation engaged in supplying 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 build- ing of any type or nature whatsoever shall 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; or if such lot be a corner lot then no closer to the front lot line nor the side lot line that the building set -back line applicable and in effect as to each such lot; provided, however, that it is not the intentions of this paragraph to exclude the use of evergreens or other shrubbery to landscape front yard. Moreover, no automobile, truck trailer, tent or temporary struc- ture 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. shrub than to re rlLe s a THE AMERICAN TITLE ASSOCIATION 20. Si ht Line Restriction. No fence, wall, hedge, or planting which obstructs sight lines at elevations of more 30 inches above the roadways, shall be placed or permitted main on any corner lot within the triangular area formed by treet property lines and a line connecting them at points 246 LANDMAR Abstract & Title Insurance Company 801 WEST FOURTH STREET o LITTLE ROCK, ARKANSAS 72201 TELEPHONE (501) 375-7261 DEED 1117/225. -13- 50 feet from the intersection of the street lines, or; in the case of a rounded property corner, within the triangle formed by tangents to the curve at its beginning and end, and a line connect- ing them at points 50 feet from their intersection. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at a height of 8 feet to prevent obstruction of such sight lines. 21. Property Line and Boundaries. Iron pins have been set on all lot corner and points of curve and all lot dimensions shown on curves are chord distances, and all curve data as shown on the attached plat filed herewith is centerline curve data. In the event of minor discrepancies between the dimensions or dis- tances as shown on the attached plat and the actual dimensions or distances as disclosed by the established pins, 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. Common Use Areas. In the plat of Walnut Valley, an Addition to the City of Little Rock, Pulaski County, Arkansas, International Paper Company, Transportation Properties, Inc., and Paul J. Mooser, have designated certain areas of land as Tracts B, C, D, E, F, G, H, I. and J and intend that such Tracts be used by the residents of Walnut Valley for recreation and other related activities. Such tracts are not intended for public use nor are. they dedicated for public purposes. They are, however, hereby dedicated to the common use, benefit and enjoyment of the resi- dents of Walnut Valley, all as is more ,fully set forth in the a (/�4 F/ 7 TITLE ASSOCIATION LANDMAR Abstract & Title Insurance Company 801 WEST FOURTH STREET a LITTLE ROCK, ARKANSAS 72201 TELEPHONE 15011 375-7261 DEED 1117/225. -14- Homes Association Declaration applicable to Walnut Valley, dated August 4, 1970, which Homes Association Declaration is hereby incorporated into and made a part of this Bill of Assurance. 24. Church SiteTract. In the plat of Walnut Valley filed herewith Tract A is designated as a church site and it is hereby provided that none of the restrictions, provisions or covenants set forth in this Bill of Assurance shall in any way be applicable to said Tract A to prevent or restrict said Tract from being so used as a church site provided, however, that such site shall be subject to architectural control by the Architectural Control Committees as set forth in paragraph 2 hereof. 25. Right ^to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owners, their heirs, personal representatives, successors and assigns, and all parties claiming by, through or under them shall be taken to hold, agree and covenant with the owners of the lots hereby restricted, and with their heirs, personal representatives, successors and ass.igns, and with each of them to conform to and observe said re- strictions as to the use of said lots and the construction of im- provements thereon, but no restriction herein set forth shall be personally binding upon any corporation, person or persons, except in respect to breach committed during its, his or their seisin of title to said land, and the present owners, their heirs, personal representatives, 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 restric- tions above set forth, in addition to ordinary legal action for damages and failure of the owners, their heirs, personal represen- tatives, successors or assigns, or any owner or owners of any lot 9THE AMERICAN 248 TITLE ASSOCIATJON LANDMAR Abstract & Title Insurance Company 801 WEST FOURTH STREET a LITTLE ROCK, ARKANSAS 72201 TELEPHONE (501) 375-7251 DEED 1117/225. -15- 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. Allotters may, by appropriate agreement mralllaffor thetrights,preserva$ign or convey to any person or corporation tions, and privileges herein reserved by them and upon such assign- ment or conveyance being made, their assigns or grantees may at their option exercise, transfer or assign those rights of 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. 26. 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 be 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 pro- visions 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 automat- ically be continued thereafter for successive periods of ten years each, unless terminated or cancelled as herein provided. 27. Separability. Invalidation of any restriction set forth herein or any part thereof by an order, judgment, or decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions or any part thereof as set forth herein, but they shall remain in full force and effect. 249 THE AMERICAN 717 LE ASSOCIATION LANDMAR Abstract & Title Insurance Company 601 WEST FOURTH STREET a LITTLE ROCK, ARKANSAS 72201 TELEPHONE (501) 375-7261 DEED 1117/225. -16- ACKNOWLEDGED August 4, 1970 before Jack A. Hennessey, N. P., Johnson County, Kansas, in regular form, by Wayne Leisher, Attorney in Fact and Lee Hopkins, Assistant Secretary of the International Paper Company. ACKNOWLEDGED August 11, 1970 before Joy Lee James, N. P., Pulaski County, Arkansas, in regular form, by Bruce T. Bullion, Vice President and R. D. Rawn, Secretary of the Transportation Properties, Inc. ACKNOWLEDGED August 111, 1970 before Carol M. Mueller, a N. P., Pulaski County, Arkansas, in regular form, by Paul J. Mooser and Betty R. Mooser, his wife. 9 THE AMERICAN TITLE ASSOCIATION 250 M