HomeMy WebLinkAboutBill of Assurance 030124■o7A09 yil'ed for 2rabr4. .:t a'oloakld_tr,
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BILL OF ASSURANCE I
FOR
BEVZRLY F!4I.LS
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, Paul D. Morriss, Jr. and Patriciai A. Morriss and Herbert E.
Stratton and Marcie P. Stratton are the sole owners of the following described lend
lying in the County of Pulaski, 'State of Arkansas, to wits .
A'tract of land in the N; NEJ NE}, 'Section 4, T-1-N, R-13-W, Pulaski
County, Arkansas, more particularly described ass Beginning at the
northeast corner of the N} NO NE} said Section 4; thence Sl'47'30"W
along the east line of said N} NE} NE# 657. 9 feet to the southeast
corner thereof; thence N87'19130"W along the south line of sold N} NE}
NE!-- 1, 017. 4 feet to a point: thence NO'57'30"E, 131.0 feet to a point:
thcacce N87.191300W 276-0 feet to a point on the west line of sold NJ
NEJ NEJ; thence NO'57'30'E along said west line. 402.0 feet to a paint;
thence S87'19'30"E 105. 0 feet to a point; thence S71'07'30"E 53.0 feet
to a point; thence N81'52'30"E. 82. 3 feet to a point; thence S55'34'•30"E,
29. 4 feet to a point; thence S87'19'30"E. 600.0 feet to a point; thence
N571'38130"E, 61. 1 feet to a point; thence S75'10'30'E, 108. 8 feet to a
Point; thence :136'07'30"E. 58.0 feet to a paint; thence S66'34'30"E, 109.2
feet to a point, thence N13'06'30"E, 77, 85 loot to a point; thence N2'40'30"E,
135. 3 feet to a point on the north line of said N} Nei NEJ? thence S87'tt,'30"E,
along said north line, 123. 0 feet to the point of beginning containing 14. 876
Acres, more or less.
AND, WHEREAS, it is desirable that all of the above described property he sub-
dltiidttd into lots, tracts, and streetst
NOW THEREFORE WITNESSETHt
THAT WE, Paul D. Morriss. jr. and Patricia A. Morriss and Herbert E. Stratton and
Marcia P. Stratton, hereinafter termed grantors, have caused said tract of lend to be sur-
veyed by Edward G. Smith & Associates, Registered Professional Engineer, and a plat
thereof made which is identified by the title "Beverly Hills. An Addition to the City of
Little Rock, Arkansas" and the date March 25. 1965. and by the signature of the said
Engineer and the said grantors, and bears a Certificate of Approval executed by the Little
Rock Planning Commission, and is of record !n the office of the Circuit Clerk and ex-
officio Recorder of Pulaski County, Arkansas, in Plat Book/_Page ���and the
grantors do hereby make this Bill of Assurance. ` i
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AND, the grantors do hereby certify that they have laid off, platted and sub-
divided, and do hereby lay off, plat and subdivide said real estate in accordance
with said plat. The lands embraced in said plat shall be forever known as Beverly
Hills, an Addition to the city of Little Rock, Arkansas. The grantors hereby dedicate
to the public forever an easement of way on and over the streets as shown by said plat,
to be used as public streets.
There are strips of ground shown and dimensioned on said plat marked "Utility
Easement" and/or "Drainage Easement" reserved for the use of public utilities, and
for drainage purposes, subject at all times to the proper authorities and to the easement
herein reserved. Owners of lots in this subdivision shall take their titles subject to the
rights of public utilities and the public.
The filing of this Bill of Assurance and plat for record in the office of the Circuit
Clerk. and ex-officto Recorder of Pulaski County shall be a vtiiid and complete delivery
and dedication of the streets aM easements shown on the said plat.
Hereafter, conveyance and description of any of said lands by lot number as
shown on said plat, shall be a proper and sufficient description thereof.
The lots in said subdivision shall be sold by the grantors and shall be purchased
by the buyers subject to the following covenants. to wit:
1. No lot shall be used except for residential purposes. No building shall he
erected, altered, placed, or permitted to remain on any lot other than one single family
dwelling not. to exceed two and one-half stories in height and a private garage for not I
more than two cars.
2. No lot shall be resubdivided into nor shall any dwelling be erected or placed
on any lot or building site having a width of less than 60 feet at the b dldit,g line or an
area of less than 7, 000 square feet.
3. The ground floor area of any dwelling constructed on any lot or part thereof
shall be not less than 1.000 square feet, In all cases the ground floor area shall be the
area of the building within itst largest outside dimensions, exclusive of open porches,
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breezeways, terraces, garages, oxterior or secondary stairways, portecocheres and
outbuildings.
4. No building or fence shall be constructed on any lot nearer to the street than
the building line shown on said plat. No building shell be located nearer to an interior
log 1'ne than 10'% of the average width of the lot, provided, however, such side ysrd
need not exceed 8 feet in width. For the purpose of this covenant, tea. steps, and
open porches shall be considered ar a pert of a building. No main building shall he
built on any :ot in said addition r•,arer than 25 feet to the rear lot lines. The moving
ofjauy existent structure upon and to this property is prohibited.
S. No building, fences. incinerators, paved driveways, or any other permanent
structure or improvement of any kind, whether herein specifically enumerated or not,
shall he: butlt or maU:tained within the area of any of the easek, Lnts shown on the plat,
and in the event any such obstruction is placed thereon in violation of this restriction
and reservation, ro utility will be liable for destruction of same in maintaining or re-
paitiry its lines located cyithin the area of said easement.
6. No sign of any kind shell be displayed to the public view on any'.ot except
one professional sign of not more then one square foot. one sign of not more than five
square feet advertising the property for sale or rent, or signs used by is builder to ad-
vertise the property during the construction and sales period.
7. Temporary structures. No structure of a temporary character, trailer, base-
ment. lent, shack, garage, barn or other outbuildln(� shall bP used on any lot at any
time. as a iosidencei either tempora:•ily or permanently.
B. No fenca, wall, hedge. or shrub planting, which obstructs sight lines at
elevations between 2 and 6 feet above the roadways, shall be placed or permitted to
remain on any corner lot within the triangular area farmed by the street property lines
and a '4na connecting them at points 25 feet from the intersection of the street lines, or
in the case of a rounded property corner from the intersection of the street on any lot
within 10 feet Wom the intersection of a street property line with the edge of a driveway
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or alley pavement. No tree shall be permitted to rem1n with -'it such distances of such
intersections unless the fc,liage line is maintained at sufficient height to prevent ob- -
strurtion of such sight1Snae.
9. No ohstFuction !•hell be placed in the street, gutter curbs, curbs shah be
broken at driveways, any: driveway grades lowered to meet the gutter line not more than
2 inches above gutter grades.
10. Tract A as ,.i,:,)wn on plat is to have certain boundary street lmprovcments as
required by the Little Rock Planning Commission consisting of sidewalk, curb and gutter,
one-half of a 36 foot pavement and the necessary drainage structures. These improve-
ments are to be completed at suoti time as the tact is developed or title transferred.
11. These covenants and restrictions are to run with the lend and shall be binding
on all parties and all persona claiming under them for a pert d of 30 years from the date
these covenants and restrictions are recorded. after which time said covenants and re-
strictions .tall be automatically extended tcf succasslvir periods of 10 years, unless an
ins trumeW signed by a majority of the then owners of the lots has been recorded, agree-
ing to change said covenants and restrictions in whole or in part.
12. These covenants and reztrictio i shall not be amended, cancelled or sup-
olementol' unless an instrument signed by at least eighty % 9) per cent of the owners of
the aforesaid lots is placed of record agreeing to change the covenants and restrictions
in whole or in part and any change must be approved by the Little Rock Planning Com-
missioner.
13. In the event of any attempt to violate any of the covar_ants or restrictions
herein, before the expiration date hereof, it shall be lawful for any persons owning a
lot or lots in said addition to prosecute ahy proceedings at law or in iquity against the
persons or person violating or attempting to violate any such aoeenant or restriction,
and either to prrivent him cr them from so doing or to recover damages or other dues for
such violation-
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14. The invalidation of any one of these covenants or restrictions by judgement.
or court order shall in no wise affect any of the other provisions, which shall remain in
full force and affect.
Executed this L '/ day of .'�w 1965.
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YY ACKNOWLE DG EM EN T
STATE OF AWNSAS )i
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COUNTY OF PUL 10
BE IT REMEMBERED that on this daY came before ma, a Notary Public, within and
for the County and State aforesaid duly qualified, ooiamissioned and acting• tjw within
named Paul D. Mortise, jr. and Patricia A. Morriss and Herbert. E. Stratton and Meraie
P.- Stratton to me well 'known, and stated and acknowledged .that they have executed
and delivered the foregoing instrument for this consWsration, used and purposes therein
mentioned and set frith.
And on the same day also appeared before me the laid iatricia A. Morriss, wife
of Paul D, Morriss Tr. and Marcia P. Stratton, wife of Herbert E. Stratton, and ac-
knowledged that they so executed the said instrument of their own free will without com-
pulsion or undue influence of their husbands, and declared that they had released and re-
linquished dower and homestead therein as pertains to public roadways and easements as
described.
In testimony whereof. I have hereunto set my hand and official seal this!
day of ���� 1965.
~ public
My Commission. 9xpirast