HomeMy WebLinkAboutBill of Assurance 062923BILL OF ASSURANCE
KNOW ALL MEN BY THESE'PRESENTS:
WHEREAS,. International Paper Company, a New York corpora-
tion,.Transpoirtation Properties, Inc:, an Arkansas corporation,
and Paul J. Kooser and Betty R. Mooser, his wife, hereinafter
called "Allotters", are the owners of the following describe
lands lying in the County of Pulaski, State of Arkansas, toy-iit:
A tract of land in Sections 33 & 34, T-2-N, R-13-W,
Pulaski County, Arkansas, more particularly described
as: Beginning at the Northwest corner of the SW4 NW4
Section 3'4, t-2-N, R-13-W; thence N 890 59' 45" E along
the North line of said SW4 NW4 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
€t.; 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
]VW line, N 620 35' W 781.7 ft.; thence S 660 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 50° 44' 47" W 114.5
ft.; thence S 230 20' 47" 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'' 33"-W 213.5 ft.; thence S 890 45'
33" W.366.3 ft.; thence N 00 14' 27" W, 120.0 £t.;
thence N 200 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 NA- SEk 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 NE4 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 SE4 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 SE4 NE4; thence N 890 47' 45" E, along the
North line of said SE4 SE4 NEa 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
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 _J 1 +_ , 1970, executed by them Ai i.`• • ,
1970, and hearing a c rtificate 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.
Thi; InSirsrme h -Wli-0i'41111 by
Chowntn� A�ilr+icil, Hemiilon & Chownin;
Little: Rork, ArkaeE „+a 1p2ol
Allotters hereby donate and dedicate to the publican
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 ptiwer, 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
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.
The word "lot" shall mean any lot as platted. A corner
lot shall be deemed to be any lot as platted having more than one
street contiguous to it.
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
r altered on Lots 22 through 26, inclusive; Tract A,
erected, pl�c�� o
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
composed of Paul J. Mooser, Betty R. Mooser and Elbert L. Fausett
or their duly authorized representative, 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 br representatives with like authority,
and said remaining member or members shall have full authority to
fill any vacancy or 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 Committees 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
complied with. The Architectural committees 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 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 ar 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. Hei ht and T e of Residence. No residence shall be erected,
altered, place 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.
4.1.. Ground Frontage. No lot shall be subdivided without the
written consent ❑f the Architectural Committees and Little Rock
Planning Commission first hack 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.
taoKill, num
5. Set -Back Requirements. No residence shall be located
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 horizontal 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
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. Building 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.
The Architectural Committees shall have the right to reduce
or waive entirely the building material requirements set forth
above.
swdll.7 ra?29
8. Frontage -of R"ide'rice on' Streets. Any.residence
erected on any of the lots herein skull 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. Outbuilding Prohibited. No outbuilding or other
detached structure appurtenant to the residence may be erected
on any of the Pots 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
annoyance or nuisance to the neighborhood.
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 Operations. No oil drilling, oil
development operaEing, oil re fining, 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. Existinq 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 Stxcucture. No trailer, basement, tent, shack,
garage, barn, or other out uilding 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 widths, reference being
hereby made to the plat filed herewith for a more specific descrip-
tion of width and location thereof. No trees, shrubbery, incinera-
tors, structure, buildings, 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 or similar improvements shall be
grown, built, or maintained within the area of such easement, no
person, farm 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 ever 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-backline
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.
20. Sicrbt Line Restriction. No fence, wall, hedge, or
shrub planting is 'a structs sight lines at elevations of more
than 30 inches above the roadways, shall be placed or permitted
to remain on any corner lot within the triangular area formed by
the street property lines and a line connecting them at points
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 corners 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
Homes Association Declaration applicable to Walnut Valley, dated
y , 1970, which Homes Association Declaration is hereby
incorporated into and made a part of this Bill of Assurance.
24. Church Site Tract. In the plat of Walnut Valley filed
herewith Tract A is des gnated 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.
SQndlV €x[231-
25. Rii ht 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
assigns, 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
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 -made expressly for that purpose, assign
or convey to any person or corporation all of the rights, reserva-
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 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 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
temai.n in full force and effect.
;1N WITNESS WHEREOF, the undersigned have executed this instru-
men;;'Eh•is-'/ day of•_':i ..;.,..,_.;! 1970.
' 'AT.TEST.'
•c-cC�
A,§1�tAnt Secretary
,AT S`�'
APPROVED OM4.nre
L17TLE ROCK NNING COMM€ 10N
BY• f
- 7
INTERNATIONAL PAPER COMPANY
4 Z,
etty R. Mooser
fwM
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
On this day of , 1970, before ma, a Notary
Public, duly commissioned, qualified and acting, within and for the
said County and State, appeared in ersan the within named
and 6_ �r� _ to me personally we
k own, -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 corpor-
ation, and further stated and acknowledge that they had so signed,
executed and delivered said foregoing instrument for the consider-
ation, uses and purposes therein mentioned and set forth.
f4„�N TESTIMONY WFEREOF, I have hereunto set my hand and
o fibli .seal this �� day of � ��.•_�. 1970.
. fC.ch. F
t Notary Public
.14y Coinz sion Expires:
r*bruary 5, 1972
ACKNOWLEDGEMENT
STATE OF ARKANSAS)
COUNTY OF PULASKI)ss
On this day, bef psanall appeared
and cat in.personally wel
known, w o owledged that they were the* -GI
an of of Transportation P operties, Inc., a
corporation, ytfiq that t ey, as such officers being authorized so to
do, had exectited the foregoing instrument for the purposes therein
contained, by signing the name of the corporation by themselves as
such officers.
ESS. my hand and official seal this / day
i
!Niyr'Commis-szan Expires:
ACKNOWLEDGEMENT
STATE OF ARKANSAS)ss
COUNTY OF PULASKI)
of
Notary 0 ublic
BE IT REMEMBERED, That on this day came before me, the under-
signed, a Notary Public within and for the County aforesaid, duly
commissioned and acting, Paul J. Mooser and Betty R. Mooser, his
wife, to me well known as the grantors in the foregoing Bill of
Assurance, and stated that they had executed the same for the consi-
deration and purposes therein mentioned and set forth.
And on the same day also voluntarily appeared before me, the
said Betty R. Mooser, wife of the said Paul J. Mboser, to me well
known, and in the absence of her said husband declared that she had
tMR111 I qui''-'43
of her own free will, executed said Bill of Assurance and signed
the relinquishment of dower and homestead in the said Bill of
Assurance for the consideration and purposes therein contained and
set forth, without compulsion -.or undue influence of her said hus-
band.
WITNESS my hand and seal as such Notary Public on this the
r day ofr:,;r,.:�, 1970.
MY. Coln1missidn Expires:
Notary Public• s;
( FOR PLAT SEE PLAT BK . T11'25, PAGE. 28 )
NO. MYTT�ED FOR Ri CORD a�, 19 7.� �-
ATRI';C:i':i:•^,T'.D � .
(SEAL)
ROGER McHAIR. RRRCUIT CLERK
a