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HomeMy WebLinkAboutBill of Assurance 101723�"` Ramrda nr � 00 ==1a. f0! TE9C r r I9 at reow:ded 798� &lily; tfunum} OU1 PUT k1i p OP g c8 scar Pon sovx9ra!M >a>gMOMM,Go., ., ET AL- TO um Pima -WEMEAS, Southland Devel+opmeot ft.,, I=.; Gam E. Walton" and aaro],ytl P. Helton, his rife; IPirittu!dy Roeicefeller and Jeannette 8. Aookereller, hSe wifa; 8. Cornelius Cornier; 7mrtha Z. Uiss Keaton; Qertru8e• t411oar; Richard C..Entler and Gertrude Butler, big wife; iiuy Marl;, Jr., and Allis G. Maris, tits wife; .may jT. H111 and 8lisabeth i.. Hill, his wife;, Omer F. . Knahtitxky end Jean x4chtitz wo his wife; -Nalco, Inc.,., ° end Little Hoak Distriet Board oS i4iseiaae end Oharoh Xxtenslon, Tae;,•fte Nethodiet Chproh; herein called "Allotters,` are the owne.re of the folloNi:ng described . iand lying in the County of pa"A#d, State of Arkansas, to -Nit: Beginning 4t the Southeast Corner of the North_ east.quarter {}fit'), Section 21s Township 2 Worth, Rengi -13 West,- Reiaski County, Arkensaal thence H 89° 55' 24" W a dietarwe of 1458.7 feet and along tba lest -and Feet centariiae of said Section 21_to a poif;t; bheaae S 680 42, 40P N a distance of 373.29 feet and along the 'said• Srr,zt and ifeat Centerline of BeCtian 21 to, a : point; 'thenas S 880 351 W a distance at..947.7 feet'and .along the Bald MISO and.►lget'Centerllm of .section 81 to a point; thane.. a diistRmce of 465.4 feet and r along the said„&ast and Weae Centerline of 5eatifln 2] to .bhe� acnisr„Cf Seatlon 21; thence e , 044 U-M-i . a bn*n z aR 4z—r N lan X.M, {9Wa 126i} }�+amrdail'na r,���� sa� •, Plat And Btu of Rssurancef waiton Heights •.. ii M �UTA S 890 CqJ 40P N a distance of 540.3 feet and along the said,,8aat and hest centerllna of $ection 92,to .,point; tflenae S 890 121 400 W a di5tanoe of 2,083.39 feat and along the said„Bast und'West conterlina of Section 21 to the 8oathrpst'corner of the North- west Quarter (1*), Ovation M;'thenoe N 10 69. p 4 di;tcnce of 1,313.89 feet and along the west line of said section 21 •tA a point; thence N 10 06N W a distance oP 1631.89'feet and along the treat line of said 8eotton 21 to a point; thence N Sao 21, W a distance of 6.3 teat to a point; thence .. N 570 254 V a distance of 456.7 feet to a paint, "once N 650 041 tP s distance of 205.45 Peet to a paUt; thence H 7g- 44t V a distance or 42.9 feet to the point at ourve or a curve to the right whose radius is 1,599.76 foot; Chance Along the are of eaLd attiva an axe length of 797.91 faux to the point of tongenay of said curve, tha chard distance being 796.25 Seat and the hearing being N 660 231 N; thenaa N 600 021 N a dtatence of 9j.8 rest to the North line of 66010n 20 rthloh is also the South sine Of $action 171 thence , 8 89P 47t V a distance of 240.86 Seat and along the South line of eaid 8eutian 17 to a point; thande N 890 361 W a distance of 480.gB teat ano along the South line of said Section 17 to a point; thence N 00 051 V a distance of•600.0 feet to a what; thence -- N 890 04, %; a distance of 1,196.93',feet to a point; tharoe it 20 0g1 40 s a dietwce,of 534.76 feet to a point; thande. Plat and Bill of Assurance;, Walton Heights_ w a'distance of 330..0 feet, toba paint; thencs N' �° 09! 40° 9 a distance of 200.0 feet to a point; thence;, 3 890 Zit W a distance of 326.0. Feet to a point; the toe N a° 111.W a•dietence of 00.2 feet to a point; thence N 1019t p a distance of 304.3 feet to a point; thence ' S 550 23t•s a distance of 519.25.feet io a point; thence S 620 55' 8 a 'distance of 139.11 feet to a point; thenaa S 700 271.7g a•distance of 460.40 Peet to a point; thence 3 710 42t S a distance of 190.214est to a point; thence S 720.571 8 a distance -of 130.75 feet to a point, ihetxce 3 660 50 S a" distance of 346.6.0. feet to a point; thence S 600 521 E a distanoe of 214.00 feet'to a point; bhenoe j S 700 591 2 a distance of 117.59 feet to a point; thence S 810 06. E a distance of 913,70 feet to a point; thence s 77° 221 8 a distance cf 228.72 feet to a point; theiics - S 739 381 B a'distance of 2,682.07 feet to a point; thence S 79° 18t B a°distance or 395.30 feet to a point; thence ' S 780 �7t a distance of.207.50 feet, to a point; °thence - ... S 77o•'361`2 a.distance•of 877.6o'feet to a point; thenoe , -3� Plat and B2ll` aP llssutrande, ; . _ Walton He 3;ghts, . , • • . - . 3 7$ 331 :B e. distarice;.of 9 :47 Peet to' a .point; thence Z S W 30s S• a dista,nae' af; 295.00�feet to a point; thence 3 78° 01' £, a distanea: a$_ 211:$0. feet to a point; thence S 76"32' S a distance dif. •197.03 teat to a point; thence _ S 80° 55' S'a distance 6f.164.95 feet to ,a point; thence S $So 18! E a d'ist$noe of, 235..20 feet to a point; •thence S 810 5$' S a distance of. M..09 feet to a point; thence , s 78' 401 S a distance of.613.10 feet to a point; thence. , S 790 021 E a distance of 198.04 feet to a point;, _thence S 790- 24t- E a distance 'of 1,264.93 feet to the East line of the HortM(a4t Quarter of the North- west Quarter ( )- '3ection 22;.,thenoe- 3 lv 26t S a distance of 5'08.35 feet end along the East line,of the said Northwest Quarter of the NorthOst Quarter •(i3 ..1 j,. Section 22, to. the Southeast gornar thereoft,thence 890 14! W a distance .of 1,34-0.55 .feat and along the South line of the %X6rthweaat Quarter of the Northwest Quarter (XVk 'Wk), Section 22, to.the Southwest corner thai!satt-thence 8' 1° 30' 'E a distance af.474.19 feet.and along the Mast line of section 22•to 4 point; thence 8 76d 081 S a dietancs.of '133.90 feet to a point; S 81° 091 E a distance• of -754.84 feet to a poinnt; # a distance of 450.0 feet to a point; thence ;'.. N 81° 09' V a aistance of 743,34 feet to a point; •- Plat and Bill of Assuranoe;. Walton Heights an SU win S l6o 021 •W a distance of 196,9G feet to a point. qn the iciest line -of Section 22; thence s 10 30 I E a distance of 176.90 feet and along 'Phe West line Of Sactip=t. 22 to the point of be- ginning, containing 437.4 Acres, more or Tess; ALL in Pulas4'County, Arkansas.' and it is deemed, desirable that the ,above desaribed property be now subdivided into building lots and streets, as shown on the attached plat, and•tfst said property be held, oitned and conveyed subject to the protective covenants herein contained in ord" to 'enhance the value of said property; NOW, TFMREF MH, the A4otters, in consideration of the benefits tv acoue to them, their buccessors end assigns, which beheftta,ney ackaowl�dge to be of -vales, have caused to be -made a Plat hereto attached showing surveys' completed•0atobet 21, 1963, rigged by Allan .Curry, Registered Engineer, and by said Allotters showing the, bounds and dimensions of the property now being subdivided Into lots and streete.deaaribed by lots and streeteg and said Allotters hereby donate and dedicate to the publlo forever an easement of way on and over the a.troets as shown by said Plat to be used for public streets. In addition to the said streets there are shown on said Plat certain easements for'drainage and utilities. 'Allotters hereby donate and dedloate to, and for.the use by, public utilities the hams being, without Ilatting the generality of the foregoing, electric power, -gas, telephone, water and sewsr, with thw right hereby granted to the persons, firms or corporations engaged 'in the supplying of such' utility services to use and 000upy such easements and to Plat and Bill ,of Assurance; Walton liglkhts have free ingress and egregs-therefrOm•lox the installa-: Lion, maintenance, repair and replooement of such utility servioe s. the filing of this Bill of Assurance arid'Plat for record In the office of the Circuit Clerk and Ex- Offici.o Recorder of Pulaski. County, Arkansas, shall be a valid and oomplets~delivory.and dedioat3on of the streets and easements, subject to the limitations herein set out. The lands"ambraced -in said Plat shall be forever known as 4AITON RRIM TS,•a subdivision of its of Sections 16, 17, 20, 21 and 22, Township 2 North,.Range 13 West, Pulaski County, Arkansas; and,any and every -deed of con- veyance for any lot in said subdivision desoribitg the same by the number or numbets'stiown on sold Plat shall always be deemed a sufficient description thereof. ' The Allotters hereby rerserve the right to use any surplus dirt in said streets for their own - use and bernefft and for the use a -Ad benefit of such• persons, firms or cor- porations as they may -specifically designate. Said lands herein platted and any interest therein shall be held,. owned and conveyed subject to and in con- formity with the following covenatits which, subject to being amended dr cancelled as hereinafter provided, shall be and remain in full force and effect until J&naax+y 1, 1999, to - wit. 1. LAND USE AND. BUILDING TYPE. Said land herein platted shall be held,.owned and used only as Plat and Sill of Asiuranae; Walton Heights asl ig"GWW residential building sites. No structures shall be erected, altered, placed .or permitted to remain on any building site other than a detached single-family dwell- ing which shall not eiceed two and one -halt storie.s.• in height, a private garage, guest house, servants' quxters, and other.oatbulldings inoidental and related to residential use of the premises. 2. ARCHITBGMAL CONTROL. No building shall be erected, placed or altered'on any property in.this sub- visieion until the building plans, Specifications and plot plan showing the location and facing of such building with respect. to existing topography, adjoining streets and finished ground alevations have been approved in writing by the developer, Southland Development Co., Inc., its successor, assignee or designee, provided that Southland Development Co., Inc., -shall have the right by an inatra-- ment in writing to create a Property Owners Control, Com- mittee to be composed of.not less than three individuals or corporate property owners In thin aubdivision, and to .transfer to such Committee the full authority beroin: re- served to Southland Development Co., Inc. In the event Southland ])evelopment Co,, Znc „ or any property Owners Control. Committee hereinafter established fails -to approve or dlsapp*ove any plans, specifications or plot plan sub - witted to it as herein required Within ten days after such submission, this covenant shell• be deemed to have been fully met by the person submitting such plans fbr approval; There shall be no compensation to'Southland Development Ca.,,Znc „ _T_ Plat and• •Bu1 *:bf iAs�suxfZhbe; ; Walton-Halg;ht$•• cw.. or air Property .Owners .Control: oidli:ftae hse'iriaPter established for the •services, 'Ca�Ioe�'gex?arar$d'pursuatct: to this.tTcylsiou. 3. KP1 KUM �RINC $Ai: ;]7�7$ ;T�HO. 3 $ ■ ' • No - principa].reaidelitia •$tx'ttCtixxre �i&ll�be'coristructad or permitted'to remain upon' arsysiildr� site;: in Baia: ab- division unle sa_ the living area of" the• main 'ki0cm, ex- clusive of parches, patios, ri2rpartg,. garage's-$nd breeze ways, Shall be at'l.east:thst.shoaq.jn the r0110wing $aheduie: LOT-BIW L1ffiLRiP pBT M�f 'SQiiRRlai. 3i . Block 1 zotB l throjigh 17 2; flQO sq. tt ., lIll others , ` 1 • ' ;1�200- aq. Pt. Block - . "'�bts 1' thraugli 15 `2,Cod, sq. ft. Ali others, :1;200.• Oct. fit. Block 3 All'lots 1,200 sq. ft. Block • 4 Lots 1 tkprough 32 1,100 sq. fit. All-othars Y 1,200 sq. ft. Bl,00k 5 7,ote l tbraugh 51 ;, .1,900'aq. ft. All ,abhex's 3,10.Q .a ft. Block•5 All, lots.,100 aq..Pti. Block 7 'All -Iota l`,i00.•sg•. Per. B1aok $ All•hots 1 l0U sq. Pt., . •4. 8t] xw. LOCA',['IQN.•z No. 3tuildjrag shall -be located • . on any building site, naaxer •ta the • frgut' lot 11zx9 •. • than the s}infbm-building act-biTaic; lina�a sht�xn• on 'thp' �8- corded Pl8't,. Xn" the event this= oduoe$ a :�ax+dattip' bar Plat and'Bill of Assurance; Walton Heights �mtr 861 fxE337 rpdson of terrain, nothing in this Dill of Assurance shall be construed as preventing it property ovner from petitioning the Planning Commission or Board of Adjustment for a modification of this requirement. No building shall be located nearer to an interior lot line than a distance equal to ten per o.ent of the width of the lot at the front bulloing line, or aijht feet. No principal dwelling shell be located on any interior lot nearer than 25 Peat to•the rear lot line. Por the purposes of this covenant, eaves, steps and open porches shall be e©n- sidered as a part of the building, and any fallout or bomb shelter connected to•sny building shall be so considered. 5. LOT AM AXD WiDU. No.iot shall be subdivided without the' written consent of the Property Owmrs Control Coro- mi�tee and Little Rock rlahAing.Commioeion. In aiay event, no dwelling shall be erected or placed on any building site having a width of less than 75 feet at the minimum building set -book line, nor shell any dwelling be erected or placed or any lot having an area of less than 8,000 square feet. b. EASSRMS AND OTILITISS. Easements for streets " for the installation, maintenance, operation and replacement of utility service facilities and fox+ drainage have been herei mbove reserved and are of the size and l0eation as shown on the recorded plat. Basements four sanitary sewer lines are shown on the recorded plat. :'n: the:.event the ease- ment and the location of the sanitary sewer lines differ, the easement shall be considered to be 5.0 feet on each side of the newer as built. As some of the electric and telephone facilities will be undarground, or at ground level, within the streets and utility easements, any alteration of the -9- Plat and Bill of Ass=auce; Walton Heights tic aM9 . r 000 ground surface grade in any utility_or street easement'and in the area immediately adjoining, is.prohiblted, if ouch alters- tion of the surface grade will damage.or Interfere with the in- stallation, maintenanoe and operation of the eleatrio and tele- phone cables, conduits, service pedestals and other facilities, or the service therefrom. No trees, incinerators, atru.otures, buildings, fenoes, pavements or .other improvements shall be grown, built or maintained within the area of such utility Base- ments. No excavation within the area of such easements ssliall be made which will interfere with the installation, maintenance, re- pair and replacement -of any utility equipment or facilities. In the event any such tree, inoln0vtor, structure,-bailding, tense, pavement or other improyament shall be grown, built or maintained within the area sit such easement, no aiility will be liable for the removal, damage, or destruction of the same in the installa- t'lon, ihaintenanbe,,repair or replacement of any utility service located within the area of such easement. 6a. MILITIRB . All owners of.lots shall install and maintain at owner's expense, in conformity with all, applioable safety code requirements and othsx lava and regulations, under- ground electric and telephone services, conduits and cables of adequate capacity between the point of service of such utility service where said point is designated and located by the utility company and the point of, Use of saoh'owner. EXposed overhead wires and cables for utility service lines from the point of service to the point of use on each lot are prohibited. Any utility owning facilities and equipment for providing utility service .which are located in.any utility or street easement shall have the same right to prosecute violations or attempted violations of the 6ovenants of paragraph 6. and 6a: as are granted to other Property owners'hersin. Plat and Bill of Assurance, Walton Heights 7. NMANO$S. So noxious or offensive activity shall be•oarried on dpon'any lot nor shall -anything be done thereon which may be or may•bocome an anuoyanoe or nuisance to the neighborhood. $. OMER STRUCTMES. No, trailer, basement, tent, ahack, garage, barn or other outbuilding, other t}xan guest house, servants" quarters and fallout or bomb shelters erected or constructed on a building site covered by these covenants, shall at any time be used for human habitation, temporarily or ps=anantly, nor shall any structure of a temporary ahareater be used for human habitation. 9. SIGNS. No sign of arsy kind shall, be dis- played '�o the public'view.on any building site, except one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder or developer to advertise the property during the construotion and ales period. 10. OIL AND'HINING OPERATIONS. No oil drilling, oil development operations, oil refining; quarrying or mining operations of any kind shall be permitted upon or in any building site, nor snail oil wells, tanks, mineral exaava- t1ons or shafts be permitted upon or in any building site. No derr�ak or other structure designed for use in boring for ail or natural gas shall be.erected, Maintained or per- mitted upon any'buildluff-eits. 12, 1XVZ TOCK .AND POMjTRY.. No animals, live- - stock or ,poultry ot'any kind shall be raised or kept on any building site, except that dogs, cats or Other household pets may be inept, provided that they are not kept or main- -10- Plat and Hill of Assurance ` Walton Heights 8U1 WON tairied for .any .cominereial purpose 12: SIGHT DISTANCE AT Ii+i'VERt 15CTI0XS. NO fence, wall, hedge or shrub planting whieh obstructs sight lines at elevations between two and six Peet above the roadways shall be placed or7 perti.tted- to re- main on any corner lot within'bhe triangular area Formed by the street property lines and 'a line connecting them at points 25 feet from the intersectloin of the street lines, c% in the case of a rounded property corner, from'the intersection of the -surest property lines ex- tended. The same sight -line limitations shall apply on any lot within:ten feet from,tbb intereeotion of the street property line with the- edge of a drivevay or allay pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient`heright to prevent ob- struction of such sight lines. 1:3,- P'SNM. No fence shall be built between the front property lisle and the minimum front building line. 14. 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 iinohes above the gutter'grade. _15. PROPERTY LINZg AND BOUNDARI83. Iron pins hqve been set on all lot corners and points of curve and all lot dimenslons.ahowri on curries are curve -11- Plat and Bill- of -Assurance; Walton Heights OWK MI OGEM distances, and all curve data as shown on the attached Plat are centerline curve data. In the event of minor discrepancies between the dimensions or distances as disclosed by the established pins, the pins as set shall control. 16. Tn.the event of any violation or attempt to violate any of the covenants or restrictions herein. before the expiration date thereof (whether.bho original expiration date or the expiration date of any extension thereof) it shall be lasful for any person or persons owning any property in this subdivision to prosecute any proceedings at law or to equity against a person or persons,violating or attempting to violate Such covenants or restrictions, and either to prevent him or them from so doing and/or to recover damages for such violations. 17. AMENIlI SLATS. 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 acknc*ledged by the owner or . owners of over 5C% in area of the land in this sub- division, and the provisions of such instrument so executed shall be binding from -and after the date it is duly filed for record in the office of the Civauit Clerk and Sx-Officio Recorder of Pulaski County, Arkansas. These aovenante, restrictions and pro- -12- Plat and .bill ' of . Assurance.; Walton $eights ei visions of this instruisent a. Ii .be, deemed covenants running 'with the land and sh4l3 .remai.n id full force and effect un%ess'arnd un$il amend®d'or'cancelled as authorized'hereinbefors, 18. SBPARABILITY. Divaltfttiori.of any restriction'sa.t forth here9.n.•or-any part thereof by an order, judgment.ov decree`ot any oourt,-or other wise, shall not Invalidate-o'r,affact any of the other restrictions or any part thereof'as set forth herein, but they shall remain in full •foroe and- effea•t. IN,WITNUS ?MR.SOP, the IsaU Allotters have'hereunto set their handa and'seals on this,'ths 29th day 'of November- 1963. THE LITTLE RWK "RING Co AFn1h SOCTFfi3OM DbkOliffl BfT CO., INC. 3fica, Preeid§Wt As$istant S$ etary plat and Bill of Assurance; Welton Heights Cus B. Gld] - { vu wy a`n� 1{PtU4i1 ' t�inthra�s R �ePeIle, enneteae b11er E, , Lorna'_• iius . Conner cu Martha Loutee Keaton trade Walker L A /hard C:, But2er (}ertruda 8atler ' a ize e•t �, H� WALCO, INC. — Qacer� r F. KOebtit Jean x0ehtxtT.1w LITTIE RO:.H nISTRICT BOARD OF MISSIONS Ai{f�. Ci�iFiiGFI• S�!E0b�2QN,• IN4.� ,THS . . ByC Attorney in -Fact Title Plat and Bill of. Assurance; Walton Heigris 861. WA344 State of Arkansas). ss• AC QYlIDGi�fPI' County of. Pulaski )_ HE IT REhIi3AWM, That•'an.thls day, before mo, a Notary Public, _duly,commissionedi-'gMlified and acting, Within and for the said County and Stats, appeared in Person the within named .E. F1'osaers_and Ravanall Livingston, to me personally well tcnown,.,who stated that they -afore the Vice President and Asolstant Saoretary, respectively, of 50Ci' JiLAM DZVELOPMENT CO., INC., -a• norpo�ation, and were duly authorimd,.in..their respective capaoities to execute the foregoing inatrtmmnt-for -and in .the name grid behalf of said corporation; and farther -stated and acknowledged that they had so signed, executed acid delivered oaai.d foregoing instrument for the 'oonsideration, uses and purposes therein mentioned and set forth. TESmoxy WHEM, Q? have hexaunto Set my hand -seal .tis,, t 0 � day of , Notary Public State of Arkansas } } • ss. PUNOWMGMENT County of Pulaski) BE IT REBID, That on• this day came before sae, the under a!gnu d, . a_No tary Publ.io -within and for the . aounty and state aforesaid, duly commissioned, qualified and actirsg, WINI THROP ROCKEFELLER and d'LANNRkT$ $. ROCMWELLE t, his wife, tome.we12-known..an.,Allotters-- in. the foregoing_Pist - and Bill. of Assurance, and stated that they had sxecuted..tia same.for the consideration and purposes therein mentioned and sat forth. And on the aame-day also~voluntarily appeared before ine the said JEANNR'TE E, ROCKEFEIIr35, wife of the said WDURROP ROGFCBMIZR, to ma ,Well=intown, and in the 8bsence of her •said husband . deglarod 'that ahs. "had, of her own free will, executed said instrument and signed and sealed the relinquish- ment of dower and homestead in said Plat and Bill of Assurance ,£or the nonsiderat:ion and purposee,therein contained and set. forth, without compulsion or tsndus influence of her said hushand, IN THSTIHOW WHEREOF, I have hereunto set -my hand -15- M Plat and Bill -Of Assurance; Welton Heights and._ wj­ seal this, theday of 'd f'AF� 3•J �W. Notary. Public e"ire s - State of Arkansas ) - a. I ss . ACKNOW MGMENT County of Maski .) BE 1T I3ETd XBMiE,D; That on this day canna before tie, the undersigned,.a .notary Public, within and for the county and 'state aforesaid, duly•pommissioned, qualified and acting, GUS P. WALTOtd and CAROLYN P. S p-WON, his vjfe, to ono wall known as'Allotters-in,.the fore.gaing Plat and Bill of Assurance, and, stated that they bad executed the same for the considera- tion and purposes.tharpin mentioned and set forth, And,on the same day also voluntarily appeared before me the. said CAROLYN P, wALTON, .Wife of the said GIrS B. WALTOH, to me well known, and in_'the,'absence of her said huaban4 de� clared that she had, Of har.own free Will, executed said in- etru rrent and signed and 8e8led the rel5nquishment of dosser and-homeatead in said Plat and. dill •of .Assurance 'for the "oon- si.deration and• purpaaea tharein• contained arid• set forth, without compulsion or gndge influence of her said huaband, IN TESTIMONY Wffl�Rg7i?, Dave hereunto set my hand and official.seal, this, ttt8_ day off ; . ��•-=�•. Notary Publie t c- bj in s lon expires: ; '�'I :l r1' � r w'-r'-�'� : �.y. i� w..r:� -,16- Plat. and Bill of ,Aasuranoe; Welton -Heights i 40 state of ArkansasGDgm- ) County of Pulaski ) On this day FersonaXly:appeared before the under- signed; a }rotary Pablio Withl.n •and for -tile county' end state aforesaid, duly ca misstonad, qua171ia3 aild acting, B. CORNELIUS CONNM, to me well known ap- one of'; the Allotters is the.fgregoing Flat and Bill of-Aeauranee, and stated that he had executed the eame.Yor the consideration and purposes therein mentioned and -set forth.... 1N TESTIMONY EOF, X have hereunto set my hand 'P4 And offlcial- seal_ this, the . day of t�YOA A96fLA Notary .Pubai.c z 4 aowl.eston expires: wn..ia31 .. St;ate of Arkansas ) sa. ActrnorMsi�m County of Pulaski. ) on thin day personally'sppeared before the under- signed, a.Notary Public Within and fqr the county and state eforesaid,_duly cpmmissfoned, guallfl,ed and aoting, MARTRA LOUISB XRATWj t❑ me we Al. known as one 'of the Allottars . In the foragoirig Plat and B1,11 of Assurance, and stated that she had exeeutsd the same for the considexati.on and pur- poses thereir: mentioned and $et forth. IN TMTIMONY-W]WROB, I have hereunto set my hand VAd official. seal, this,- th@ 'day of , •'may 4 '' i-• Z%ri- - Notary Public caiwlsaion expires. t a ' '}+ran.• State of Arkansas ) ) ss. ACKNOWLEDGME ar County of Pulaski ) On this day persoiiil.11* appeared .before tie =der- �.A �l�w ' rlat and Hill of Assurance; Walton Heights sigtisd, a Notary Public within and .far the county arid state aforesaid,. duly OOMMissi.oned, qualified and acting, GERT.RUM WALMM, to me well known as ens of the Allotters in the-Vmsggi4g Plat 40d 33111 of Assurance, and .stated t%8 , akae had executed the same f�r..the consideration and 9 . bhersin mentioned ,siid set forth MT IMM WMMOF, I ' have hereunto set say haz d . Z. Y ' +i i i 31. seal, thia, • tips . Zg_th day of otary Pu it, • ' c commission expires: F ex m_. T.arch I ,1966 State of Arkansas } } ss, ACA1U{}tTF�!)f}1�€8i3'P County of: Pulaski ) BE IT REMEMBBRED, That on this dap came befog a me, the undersigned,.a.Notary Public Within and for the courity and state aforesaid, duly'commissione.d,' qualified and acting, RICH= C. BUTLER and GER RUDE BUTLER, his Mife, to me swell known as Allatters in ths.foregoirg-flat and Bill of Aa- suranae, and stated that they bad executed the same for the consideration and purposes therein mentioned and -set forth. Ar,*d on the same day also voluntarily appeared before me th6 said OMRTRUDE BUTLER, Wife of the Bald RICHM C. SUTLER, 'to me .ewe11-]mown,.and in the abssrice of he]Z said hurba4d declared that'she had, of hsr'Own fr6O will, exe- cuted said it strvzent and signed and sealed tha relinquish - went of dower and homestead in Said plat and'Bill of Assurance for tho consideration and purposes therein contained and sat forth, without compulsion or undue influence of her said husband. ...... IN TESTIMONY wHER'go`, Z haV8 hereunto set my hand pad ai?i'SeSa]• seal this, the. ?_�dety of _�y•�, Nota Pablie .•..... ' b+ oommissien expirres: ;+ ray.•. , n • u W 18- Plat and Bill of Assurance; Walton Heights W ofi9. �E3 State D.f.Arkariaas . ss . P•CO�TLEI7(3i+fIT County of 'pul Ski B IT RVMM W, T1iat on this day :came before me, the undersigned,M,Notazy Public Within and for the county and state aforesaid, duly coma�lasioned, q'uaZified and act- ing, GUY MARTS, JR., and A'LT -,.O, MARIS, as wife, to me well iMown as Aljotters in the:.toragoin�; :P?&t and .Hill of Assur- ance, and..state'd 'ghat they had executed the same for the consideration and purpaaes therein mentioned and set forth. And on the -same dal 4160 Voluntarily, appeared be- fore me the said ALTA 'o. MAR1%. eiPs of the. said OtTy KMIS, JR., to ma well known, aa8 .in -the absence of- her seld. husband declared that she had, of her own free bill, executed sald' instruraont and 'signed and 'aealad the relinquishment of dower and homestead in said pi t and Bill of Assurance for the consideration' and puPPRssa therein, containod and set forth, without compulsion or- unjue influents of her saS'd ,,h.un band . -'r;�•;'•'� '.�G:�• 84Fy z have hereunto set my hand ,:;.;'•�,,s'offidial-seal this;.he.�.day of Notary Public commission expires: State of Arkansas } . ss. ; : ACKNCKLRDCR 9NT County of Pulaski BE IT itN[+iPhiHMM, That -= this day came before me, the undersigned,,,d Notary Public within and for the county and state aforesaid, rtxly acmtttissionad, qualified and acting, JAY W.,XILL and ELTZABETH P. MILL, his Wite, to we well known_: as Allotters in the foragoing•.Plat and Bill Of Assurance, and stated that they had sxacutad•.tha'game for the consideration and purposes tnereln mentiofied aO .aet forth. And on the same day" aUo,Voluntari.l� appeared before me the said BLIZABIf7H V. iiliW, wife •of the• said JAY W. HILL, to me well known,. and in tine: sbsenoe of her said husband de- clared that she had, of her own free will, executed said in- strument and signed and uealed•the ralinquishmgnt of dower y + : Plat and •B-111 of Assurance ; Walton Heights and homestead in said- Plat• and,Bill of Aaeui-ance tar the consideratlon.and purpoae,s therein contained and set forth, wlt hod compulsion or •!undue irtluence of har said husband. ^e If L 4Pt 7E5TDIONY WHER20F, I' haul hereunto set my bend seal" this,. the .� day of �}' . Y' • its �...::: s .c .: .` $Otary Public tom;%'EU�71Tf17rx on State of Arkansas ss. AcxrrQuLEDGMx county of Pulaski BE IT RMHOM, That on this day, before me, a Notary Public, duly.-aommiSDiGnsd, Caualifled and acting, within and for the said caun'ty and state, appeared in person the within named GUSH. WA120N,'to me pexsanally Well known, Who Stated that he,..ia. thQ' President. of IjALCO, INC., a cor- poration, and Was duly'authoriisd in his -capacity to execute the ,foregoing Plat and Bill of Assurance for and in' the name and behalf of said cgrporation;,and further stated and acknowledged that he bad so skgtied, exeeuted and delivered said foregoing instrument for the consideration, uses'and purposes therein mentioned and'set forth; -z•: IN TESTrYlONY idH E OF, ave hereunto sat my hand _ 'oTr�.pq,al-seal- this, • the ? M day of ~ Notary _• - Public , !�+ i�sslon expires: „y State of Arkansas County of Pulaski H8" iT RRftM BRRED, •That. on this day. cause before me; the undersi.gned,.a.hmotary public within and .for the county -^20- Plat and .sill of_' Assurance; „ Walton Heights - and state aforesaid, duly co=isslbred, qualified. and acting, OSCAR F. KOCHTITZKY and .ifsAAl 1COCkTITZKY, hie Nife, to me Well knoHn as Allot ters• in. the. foregoing. Plat - anti Bi11 of Asaurance, and stated that they hsd exeouted the .same for the considarati.on and purposes therein mentioned and set Porch. And on the saws day also voluntarily appeared before mu the said JEAN KWHT'ITZKY, wife of the said OSCAR P. l OORTIMY, to -me. Viall..known, and, in the absenoe .of her said husband -declared that she had, of tier own free will, axeouted said instrument and signed and sealed the relinquishment of dower and homestead in said Plat and Bill of Assurance far the Consideration and purposes therein contained and eat forth, x :r wii:hout compulsion or undue inflaance of her seid husband. IN TESTIMONY W11MQF, I have heraunto set pay hand f`.[ and official seal'this, the. _day of ;r {,•L Lei `NbLary Put�lio MY oammission expires: For Plat See Plat Sook'14 Page 15.. State of .Arkansas as. ,acKNaWlM)GHENT County of Pulaski HE IT AMME D, That on this day, before me, a , Notary Public,, duly ao=iirio►ied, qualified and acting, within and for the said county arid -state, appeared in parson the within named Edward Lester _ to me personally well known, who stated that We-i.s:-the':.. #ttoxney in Fact 8� ex rot LITTIR ROCK F rSTRICT AOARD OF [L7SSIOH8 AND CHURCH >3XT MION, -INC., TRE- NETIMIST ORMG11, -a corporation, and .Kea.. duly., authorized. in Ruch" .xaapas_fjbM capacity."-i to execute the foregoing instrument for and in the name and be- half of said corporation; and further stated and acknowledged that :.he, had so signed, exeouted and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. :;x;f,� :.,:•.- IN TESTIMONY WHBF OF, I have here to set my hand .,y e1. seal. this, tkqa •.�'.�+� day of � .Notary, public r,•, kj;�' { ur�fiHsion expires. go ?i,114 for 'Roo , 14E�� , an& record eA '�iY RORMR McNAM. CLM -21- V_ 833 AMENDMENT TO PLAT AND DILL OF ASSURANCE TO WALTON HEIGHTS, A SUBDIVISION OF PARTS OFSF.CTIONS 16, 17,20,21 AND 22, TOWNSHIP 2 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS ►'� �1' E C IR December 30, 1998 THE UNDERSICATO u...9 S 103 / 27 !_ THE PUBLIC::-", f CIl . zj n w WHEREAS W*nt Co., Inc., and others did on January 23-Aw-, filp1 Plat and Bill of Assurark�a �Alt'td Bill of Assurance"), which are of record 4c0P1agBwP4, at Page 15, and Deed Sobk 329, respectively, of the records in the office bfke Circuit Oerk and Recorder for Pulaski County, Arkansas, thereby creating Walton Heights, a of Sections 16, 17, 20, 21 and 22, Townshir 2 North, Range 13 West, Pulaski County, Arkai& and more particularly described as follows: beginning at the Southeast corner of the NE4, Section 21, Township 2 North, Range 13 West. Pulaski County, Arkansas; thence N 890 55' 20" W a distance of 1458.7 feet and along the East and West centerline of said Section 21 to a point; thence S 890 42' 40" W a distance of 373.29 feet and along the said East and West centerline of Section 21 to a point; thence S 880 35' W a distance of 347.7 feet and along the amid East and West centerline of Section 11 to a point; thence S $80 47' 40" W a distance of 465.4 feet and along the said East and West centerline of Section 21 to the center of Section 21; thence S 890 07' 40" W a distance of 540.3 feet and along the said East and West centerline of Section 21 to a point; thence S 890 12' 40" W a distance of 2,083.: feet and along the said East and West centerline of Section 21 to tQe Southwest corner of the %tick. Section 21; thence N 10 09' W a distance of 1,313.89 feet and along the• W.sc line of said Section it to a point; thence N 10 06' W a distance of 631.89 feet and along the West line of said Section 21 to a Point; thence N 650 21' W a distant: Of 6.3 feet to a point; thence N 570 25' W a distance of 456.7 feet to a point; thence N 650 04' W a distance of 205.45 feet to a point; thence N 720 44' W a distance of 42.2 feet to the point curve of a curve to the right whose radius is 3.599.76 feet;thence along the are of said curve an arc length of 797.91 feet to the point of tangency of paid turve, the chord distance being 796.28 feet and the brsrir.c being x 66' 23' W. thence N 600 02' W a distance of 92.8 feet to the North live of Sectoor, M which is also the Sautt line of S.:tien 17-.(Continued) thence S 119° 47' W a distance of 240.66 feet and along the South line of amid Section 17 to a point; thence M 890 36' W a distance of 460.98 feet and along the South line of said Section 17 to a point; thence N OP as' W a distance of 600.0 iee6 to s ppooi at; thence If H0 04' W a distance of 1,196.93 feet to a point.. theme N 2 09' 40^ E a distance of 33L.76Seet to a int; tlsence S 89° 53' W a tistaata of 330.0 feet to a point; thence N 1 09' 40" E a distance of 200.0 feet to s point; thence S 890 53, W a distance of 326.0 feet to a point; thence N loll' W a distrace of 420.2 feet to a paint; thence N l0 19' W a distance of 304.3 feet to a point; thence S 550 23' E a distance of 319.25 feet to s point; thence S 620 35' 1 a distance of 139.11 feet to a point; thence S 70° 27'E a distance of 460.40 feat to a point; thence 9 710 42' F a distance of 190.21 feet to a paint; thence S 720.37' E a distance of 110.75 !get to a point; thence S 660 34' E a distance of 346+.60 feet to a paint; thence S 60 $24 1 s distance of 214.00 feet tooa polEli dlstaatR ofo913.70 feet to distance of 117.59 f et to A point; thence S 81 06' a paint; thence S 77' 22' t: a distance of 228.72 feet to a point; thencm S 730 38' E a distance of 2,652.07 fact to a point; thence S 790 18' 1 a distance of 395.30 feet to a paint; thence S 790 27 E a distance of 207.30 feet to a point; thence S 770 36' E ■ distance of 977.60 feet to a point; thence S 780 33' t a distance of 192.47 feet to a point usenet S 790 30' E a distance of P95.00 fsot to a point; thence S 730 01' E a distance of 211.80 feet to a point; thence S 760 32' T + distance of 197.83 feet to a point; thence S 900 55' E a distance of 164.95 feet to a point; thence S 850 IS' E a distance of 235.20 feet to a point; thence S 810 59' E a distance of 225.89 feet to a point; thence 5 780 40' E a distance of 613.10 feet to a point; thence S 790 02' E a distance of 198.o4 feet to a point; thence S 790 24' E a distance of 1,264.93 feet to the East line of the ifwk of the Niel, Section 22; thence S 1 16' E a distance of 508.35 feet and along the East line of the said NW} of the M. Secziott 22, to the Southeast corner thereof; thence S 8VO 14' w a distance of 1.340.55 feet and 'along the South line of the NW} of the NWj, Section 22, to the Southwest corner thereof; thence S 1° 30' E a distance of 4:4.19 feet and along the West line of Section 22 to a point; thence S 160 08' E a distance of 133.90 feet to a point; thence S 810 09, E a distance of 7S4.E4 feet to a paint; thence 5 Bo 51' W a distance of �50.0 feat to a pole thence N 810 09' W a distance of 741.34 feet to a point: chance S 16 02 W m distance of 196.90 feet to a point on the West line of Section 22, thence E l0 30' t a distancs of 176.90 feet and along the West line of Section 22 to the point of beginning, containing 437.4 acra'"Dwe or lema; ALL in Pulaski County. Arkansas. (hereinafter sometimes "Walton Heights subdivision"). Fri WHEREAS, the Original Bill of Assurance was amended by that certain `Amendment to Plat and Bill of Assurance' dated January 11, 1965, and filed of record on January 12, 1965 in Record Book 903 at Page 153, and further upended by that certain 'Amendment to Plat and Bill of Assurance, dated February 26, 1965, and filed of record on March 4, 1965 in Record gook 909 at Page 108; and further amended by that certain 'Amendment to Plat and Bill of Assurance" dated November 19, 1968, and filed of record on November 25, 1968 in Record Book 1055 at Page 423; and further amended by that certain "Amendment to Plat and Bill of Assurance" dated August 18, 1972, and filed of record on September 15, 1972 in Record Book 1212 at Page 646 (the "Original Plat and Bill of Assurance" together with all of the foregoing amendments thereto, as well as any other amendments thereto filed of record as of the date hereof, if any, hereinafter referred to as "Bill of Assurance" or as "Bill'); and WHEREAS, the undersigned certify that they are the owners of over 50% in area of the WA and over 50% of the lot owners in this Walton Heights subdivision and they desire to amend said "Bill of Assurance"; NOW, THEREFORE, said 'Bill of Assurance" is hereby amended as follows: On Page 3, paragraph 5, line 4 of Bill, change date of expiration from January 1, 1999, to January 1, 2050, and On page 3, paragraph 2 "Architectural Control" of Bill, change 'the developer, Southland Development Co., inc." and "Southland i?:rlon±„Cnt Co., Inc." where each appear to 'the Walton Heights - Candlewood Homeowners Association", and On page 3, paragraph 2 "Architectural Control" of Bill, change "ten days" to "thirty days', and On page 6, paragraph 16, on line 4 of said paragraph 16 aftzr the word 'subdivision" and before the words "to prosecute' add the words "or the Walton Heights-Candlewood Homeowners Association." Except as amended hereby, all other provisions of the Bill of Assurance expressly including the Original Bill of Assurance and all recorded amendments thereto remain the same and in full force and effect. DATED this 30" day of December, 1998. The undersigned hereby execute, and file for record with the Public this Amendment to Plat and Bill of Assurance of Walton Heights, a subdivision of Sections 16, 17, 20, 21 and 22, Township 2 North, Range 13 West, Pulaski County, Arkansas, as more particularly described above, by their executed and acknowledged signatures attached hereto. C:%ftj%oar.wwod,VwM ma on rA000� 98 i0.172 7 -ti 98 HomWWNWS SIGNATURE FORM WALTON HEIGHTS BILL OF ASSURANCE PROPOSED AMIENIDMENTS I/We adazMedge and approve by tMdour signsture(s) below the amendment below to the Walton Heights Bill of Asmrance, dated 29 November 1963, is atilm a entty amended PROPOSED AMENDMEN°M On Page 3, paragraph S, line 4 of Bill„ change date of expiration from January 1, 1999, to January 1, 2050, and On page 3, paragraph 2 "AreMocoold Control" of Bill, change "the developer, Southland Development Co, Inc." and "Southland Development Co., Inc." Where each appear to "the Walton Heights - Candlewood Homeowners Association", and On page 3, paragraph 2 "Architectural Control" of Bill, change "ten days" to "thirty days", and O;r page 6, paragraph 16, an line 4 of said paragraph 16 after the word "subdivision" and before the words "to prosecute" add the words "or the Walton Heights-Candlewood Homeowners Association." WINROCK HOMES, INC., WINROCK DEVEIAPMENT COMPANY, INC., WINROCK ENTERPRISES, INC. (sueeessorsintideto SouthlandDevelopmentCo., Inc.) Ryy'fz�RussMc hnough��� Title: President Address: Winrock Place, 2222 Cottondale STATE OF ARKANSAS ) ss. COUNTY OF PULASKI ) BEFORE ME, the undersigned Notary Public, on this day, personally appeared Russ McDonough who acknowledged himself to be President of Winrock Homes, Inc., Winrock Development Company, Inc., and Wmrocix Enterprises, Inc., and that he, as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporations thereto. IN WITNESS WHEREOF, I hereunto set my hand and official seal this ajLkday of �' �"' C&MAL SEAI- ;.r• + Yt4 ' JANEM Y. LtA " i t�toil+lt+r �� NOTARYPUBLVC 'smonn h n !1 � i