HomeMy WebLinkAboutS-0867-OO ApplicationAMENDED AND SUBSTITUTED BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, DELTIC FARM & TIMBER CO., INC., an Arkansas
corporation (hereinafter called "Deltic"), on May 31, 1994 filed of
record that certain Bill of Assurance as Instrument Number 94-40316
and accompanying plat in Plat Book E at Page 60 creating the
Bretagne Court Neighborhood; and
WHEREAS, this Amended and Substituted Bill of Assurance is
filed to correct the legal description contained in the Plat and
Bill of Assurance and to reflect the addition of Tracts D and E;
and
WHEREAS, Deltic is the owner of the following described
property:
Part of Sections 35 and 36, T-2-N, R-14-W, Pulaski
County, Arkansas, more particularly described as:
Starting at the center of Section 36, T-2-N, R-14-W;
thence S004513411W_ along the North -South centerline of
said Section 36; 1021.6 ft. to a point on the centerline
of Chenal Parkway; thence Northwesterly along said
centerline being the arc of a 2864.79 ft. radius curve to
the left, having a chord bearing and distance of
N22°55154"W, 873.62 ft. to a point; thence N3104210511W,
and continuing along said centerline, 2164.01 ft. to a
point; thence Northwesterly along the arc of a 5729.58
ft. radius curve to the right, having a chord bearing and
distance of N2805814111W, 544.46 ft. to a point; thence
S65°2515811W, 203.86 ft.; thence S4501615911W, 429.22 ft.
to a point; thence S6801115511W, 210.02 ft. to the point
of beginning; thence S11°11'13"E, 232.19 ft.; thence
S26°091231-W, 185.0 ft.; thence S3102615511W, 757.78 ft.;
thence N704910911W, 132.15 ft.; thence N58032'46"W, 664.85
ft.; thence N4801911211W, 863.72 ft. to a point on the
Easterly right-of-way line of Chenal Valley Drive; thence
Northeasterly along said Easterly right-of-way line,
being the arc of a 746.20 ft. radius curve to the left,
having a chord bearing and distance of N1701210611E,
159.48 ft.; thence N11004110"E and continuing along said
Easterly right-of-way line, 708.07 ft.; thence
Northeasterly along and continuing along said Easterly
right-of-way line, being the arc of a 788.51 ft. radius
curve to the right, having a chord bearing and distance
of N1800214311E, 2.65 ft.; thence S6202013611E, 63.59 ft.;
thence S4301313711E, 769.73 ft.; thence S6503610811E,
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648.49 ft.; thence S89021"36"E, 304.08 ft. to the point
of beginning, containing 32.3769 Acres more or less.
shown on the plat, hereinafter mentioned, as Lots 1-16, Block 11,
Lots 1-23, Block 10, and Tracts A, B, C, D and E, Block 10, Chenal
Valley an Addition to the City of Little Rock, Arkansas (the
"Bretagne Court Neighborhood"); and
WHEREAS, the Bretagne Court Neighborhood is part of the
community known as Chenal Valley and is subject to those certain
Covenants and Restrictions filed November 22, 1989 in the office of
the Circuit Clerk of Pulaski County as Instrument No. 89-61706 and
all amendments and. supplements thereto (the "Covenants and
Restrictions"); and
WHEREAS, Deltic has caused to be incorporated Bretagne Court
Property Owners Association, Inc. for the purpose of administering
the maintenance of the common area and amenities in the Bretagne
Court Neighborhood and Chenal Valley Property Owners Association,
Inc. for the purpose of administering the maintenance of the common
areas and amenities of Chenal Valley; and
e
WHEREAS, all owners of lots within the Bretagne Court
Neighborhood will be members of Bretagne Court Property Owners
Association, Inc. as provided for herein and members of Chenal
Valley Property Owners Association, Inc. as provided for in the
Covenants and Restrictions; and
WHEREAS, it is deemed advisable that all of the property shown
on the plat hereinafter mentioned, be subdivided into building
lots, tracts and streets as shown on the plat filed herewith, and
that said property be held, owned and conveyed subject to the
protective covenants herein contained, in order to enhance the
value of the Bretagne Court Neighborhood.
NOW THEREFORE, Deltic, for and in consideration of the
benefits to accrue to it, its successors and assigns, which
benefits it acknowledges to be of value, has caused to be made an
amended and substituted plat, showing a survey made by Joe D.
White, Registered Land Surveyor dated-7//l/1I,4 and
bearing a Certificate of Approval executed by—fth—department of
Comprehensive Planning of the City of Little Rock, and showing the
boundaries and dimensions of the property now being subdivided into
lots, tracts and streets (the "Plat").
Deltic hereby donates and dedicates to the public an easement
of way on, over and under the streets on said Plat to be used as
public streets. In addition to the said streets, there are shown
on said Plat certain easements for drainage access and/or utilities
which Deltic hereby donates and dedicates to and for the use of
public utilities, the same being, without limiting the generality
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of the foregoing, electric power, gas, telephone, water, sewer and
cable television 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 areas designated on the Plat as Tracts A, B, C, D and E
are hereby donated and dedicated by Deltic to the owners of lots
within the Bretagne Court Neighborhood with the right to use these
areas for utility, drainage, buffer, park and aesthetic purposes
and the Bretagne Court Property Owners Association, Inc. shall
maintain such areas and improvements at its sole cost.
Additionally,; Deltic hereby grants to the public utilities the
right to use these areas for utility and drainage easements
provided such improvements are maintained by said public utilities.
No improvements shall be placed on the areas designated as Tracts
A, B, C, D and E other than improvements for those designated
purposes, unless first approved by the appropriate agencies of the
City of Little Rock, Bretagne Court Property Owners Association,
Inc. and the Architectural Control Committee established pursuant
to the Covenants and Restrictions and By -Laws of Chenal Valley
Property Owners Association, Inc. (the "Architectural Control
Committee").
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 dedication of the
streets and easements subject to the limitations herein set out.
The lands embraced in the Plat shall be forever known as "Lots
1-16, Block 11, Lots 1-23, Block 10, and Tracts A, B, C, D and E,
Block 10, Chenal Valley, an Addition to the City of Little Rock,
Arkansas" and any and every deed of conveyance of any lot in the
Bretagne Court Neighborhood describing the same by the number shown
on said Plat shall always be deemed a sufficient description
thereof.
Said lands herein platted and any interest therein shall be
held, owned and conveyed subject to and in conformity with the
following covenants:
1. Architectural Control. No improvement shall be
constructed or maintained upon any lot and no alteration or
repainting to the exterior of a structure shall be made and no
landscaping performed unless approved by the Architectural Control
Committee as provided for in the Covenants and Restrictions.
2. Use of Land. The land herein platted shall be held, owned
and used only as residential building sites. No structures shall
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be erected, altered, placed or permitted to remain on any building
site other than a single detached single-family residence.
3. Common Amenities. The areas designated on the Plat as
Tracts A, B, C, D and E and all improvements thereon, including but
not limited to, all walls, lighting, irrigation and landscaped
areas shall be maintained by the Bretagne Court Property Owners
Association, Inc. except for public utility improvements which are
maintained by such public utilities.
4. Delegation of Authority. Deltic has caused the formation
of the Bretagne Court Property Owners Association, Inc., a
nonprofit corporation. Deltic shall have the right, but not the
obligation, by a written instrument recorded in the Office of the
Recorder for Pulaski County, Arkansas, to delegate, convey and
transfer to such corporation all authority, rights, privileges and
duties reserved by Deltic in this Bill of Assurance.
5. Creation of Obligation for Assessments. By acceptance of
a deed or other conveyance of property covered by this Bill of
Assurance, each owner of a lot within Bretagne Court Neighborhood
shall be deemed to covenant and agree to pay any assessments,
cliarges and/or special assessments which may hereinafter be levied
by the Bretagne Court Property Owners Association, Inc. for the
purpose of promoting the recreation, health, safety and welfare of
the owners within the Bretagne Court Neighborhood, in particular
for the acquisition, servicing, improvement and maintenance of
common properties within the Bretagne Court Neighborhood and
facilities which may be hereafter dedicated for use by Deltic or
otherwise acquired by the Bretagne Court Property Owners
Association, Inc., which amount together with interest, costs of
collection and a reasonable attorney's fee, shall be a continuing
lien upon the lot.
6. Height and Type of Residence. No residence shall be
erected, altered, placed or permitted to remain on any lot in the
Bretagne Court Neighborhood other than one detached single-family
residence not to exceed two and one-half stories in height.
7. setback Requirements. No residence shall be located on
any lot nearer to the front lot line or the side street line than
the minimum building setback lines shown on the Plat; provided,
such setback requirements may be modified if such modification is
approved by the Architectural Control Committee, the Little Rock
Planning Commission or the Little Rock Board of Adjustment, and
such other regulatory agency as may succeed to their functions. No
building shall be located nearer to an interior lot side line than
a distance of 10% of the average width of the lot, with a maximum
distance of 15 feet, provided, however, that such distance need not
exceed 15 feet. No principal dwelling shall be located on any lot
nearer than 25 feet to the rear lot line. For the purposes of this
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covenant, eaves, steps and porches not under roof shall not be
considered as a part of the building.
8. Minimum_ Square Feet Area. No residence shall be
constructed or permitted to remain on any building site in the
Bretagne Court Neighborhood unless the finished heated living area,
exclusive of porches, patios, garages, breezeways, exterior
stairways, porte cocheres, storage areas and outbuildings, shall
equal to exceed that shown in the following schedule:
Lot Number
All Lots
One Story
Minimum Sq. Ft.
3,000
Multi -Story
Minimum Sq.Ft
3,800
Finished heated living area shall be measured in a horizontal plane
to the face of the outside wall on each level.
9. Frontage of Residence on Streets. Any residence erected
on any lot in the Bretagne Court Neighborhood shall front or
present a good frontage on the streets designated in the Plat, and
for this purpose as applied to all inside lots, it shall mean that
the residence 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.
10. Commercial Structures. No building or structure of any
type may ever be placed, erected or used for business,
professional, 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
exclusively by a public utility company in connection with the
furnishing of public utility services to the Bretagne Court
Neighborhood.
11. Outbuildings Prohibited. No outbuildings 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 Control Committee.
12. Noxious Activity. No noxious or offensive trade or
activity shall be carried on upon any lot, nor shall any garbage,
trash, rubbish, tree limbs, pine straw, leaves or cuttings, ashes
or other refuse be thrown, placed or dumped upon any vacant lot,
street, road or common areas, nor on any site unless placed in a
container suitable for garbage pickup; nor shall anything ever be
done which may be or become an annoyance or nuisance to the
neighborhood.
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13. Oil_ and Mineral. Operations. No oil drilling, oil
development operating, oil refining, quarrying or mining operations
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.
14. Cesspool. No leaching cesspool shall ever be constructed
or used on any lot.
15. Existing Structure. No existing, erected building or
structure of any sort may be moved onto or placed on any of the
above -described lots.
16. 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,
temporarily or permanently, nor shall any structure of a temporary
character be used for human habitation.
17. Easements for Public Utilities and Drainage. 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
description of width and location thereof. No trees, shrubbery,
incinerators, structures, buildings, fences or similar improvements
shall be grown, built or maintained within the area of such utility
or drainage easement. In the event any trees, shrubbery,
incinerators, structures, buildings, fences or 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.
18. Easements for Pedestrian and Golf Cart Traffic. An
access easement for the 39 residences within Bretagne Court
Neighborhood is located between Lots 4 and 5, Block 10, as shown on
the plat and such easement is hereby dedicated as a private
easement for pedestrian and golf cart traffic only for the use of
the owners of lots in Bretagne Court Neighborhood for access to the
adjacent golf course. An access easement for all residences in
Chenal Valley is also shown on the plat between Lots 12 and 13,
Block 10, as shown on the plat, and such easement is hereby
dedicated as a private access easement for pedestrian and bicycle
traffic only for the use and benefit of all owners of lots in
Chenal Valley for access to the adjacent properties. Both of these
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easements shall be maintained by the Bretagne Court Property Owners
Association, Inc.
19. Private Access Easement. The private access easement
shown between Lots 1 and 3, Block 10, is hereby dedicated as a
private access easement for the use and benefit of Lots 1, 2 and 3,
Block 10, Chenal Valley, only. This easement will be maintained by
the Bretagne Court Property Owners Association, Inc.
20. Fences. No fences, enclosure or part of any building of
any type or nature whatsoever shall ever be constructed, erected, placed or maintained closer to the front lot line than the building
setback line applicable and in effect as to each lot, provided,
however, that chain link or similar fences are in all events
strictly prohibited and shall not be used under any circumstances;
provided, further, that it is not the intentions of this paragraph
to exclude the use of evergreens or other shrubbery to landscape
the front yard. No fencing shall be permitted on any property line
adjacent to the golf course. Fencing of any type must be approved
by the Architectural Control Committee as provided in paragraph 1
hereof.
21. S-10rht Line Restrictions. No fence, wall, hedge or shrub
planting which obstructs sight lines at elevations between two and
six feet 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 fifty (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 connecting them at
Points fifty (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 eight feet to
prevent obstruction of such sight lines. The same sight line
limitations shall apply on any lot within ten feet of the
intersection of the street property line with the edge of a
driveway or alley pavement.
22. PropertLines 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
Plat filed herewith is centerline curve data. In the event of
minor discrepancies between the dimensions or distances as shown on
the Plat and actual dimensions and distances as disclosed by the
established pins, the pins as set shall control.
23. Drivewa obstructions No obstruction shall be placed in
the street gutter. Curbs shall be saw cut at driveways diamond blade, and driveway grades lowered to meet the gtxttwith erlina
not more than two inches above the gutter grade.
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24. Ground Frontage. No lot shall be subdivided.
25. Right to Enforce. The restrictions herein set forth
shall run with the land and shall bind the present owner, its
successors and assigns. All parties claiming by, through or under
the present owner shall be taken to covenant with the owner of the
lots hereby restricted, and its successors and assigns, to conform
to and observe these restrictions. No restriction herein shall be
personally binding upon any corporation, person or persons, except
with respect to breaches committed during its, his or their term of
holding title to said land. Deltic, its 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 restrictions above set forth, in addition to
ordinary legal action for damages and failure by any owner or
owners of any lot or lots in this addition to observe any of the
restrictions herein. Any delay in bringing such action shall, in
no event, be deemed to be a waiver of the right to do so
thereafter.
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 canceled,
in whole or in part, by a written instrument signed and
acknowledged by the owner or owners of more than seventy-five
percent (75%) in area of the total land contained within the
Bretagne Court Neighborhood. Each covenant in this instrument,
unless expressly provided otherwise, shall remain in full force and
effect until January 1, 2030 after which time each covenant in this
instrument shall be automatically extended for successive periods
of ten (10) years unless an instrument terminating the covenants
signed by the then owners of seventy-five percent (75%) of the lots
in the Bretagne Court Neighborhood has been recorded prior to the
commencement of any ten-year period.
27. Attorney Fee. In any legal or equitable proceeding for
the enforcement or to restrain the violation of this instrument or
any provisions thereof, by reference or otherwise, the prevailing
party or parties shall be entitled to attorney fees in such amount
as the court finds reasonable. All remedies provided for herein,
or at law or equity, shall be cumulative and not exclusive.
28. Oil, Gas and other Minerals. Deltic Timber Purchasers,
Inc., for and in consideration of Ten and No/100 Dollars ($10.00),
executes this Bill of Assurance solely upon the belief that it may
own a portion of the oil, gas and minerals except the coal, sand,
clay and gravel in and under the above -described land and hereby
subordinates its interest in the oil, gas and other minerals except
coal, sand, clay and gravel to the Bill of Assurance and pursuant
to paragraph fourteen (14) thereof will not engage the use of the
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surface in any oil drilling, oil development operating, oil
refining, quarrying or mining operations.
29. Extension. All covenants for which extension is not
otherwise provided in this instrument, shall automatically be
extended for successive periods of ten (10) years each unless
modified, terminated or canceled as provided herein.
30. Seyerability. Invalidation of any restriction set forth
herein or any part thereof by any 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.
EXECUTED this /J � day of 1994.
DELTIC FARM & TIMBER CO., INC.
By:�L-
Ron Pearce
President
Attest:
Jces E. Baine
5 retary
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ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF UNION
On this day before me, a Notary Public, duly commissioned,
qualified and acting within and for said county and state, appeared
the within named Ron Pearce and James E. Baine being the President
and Secretary, respectively, of DELTIC FARM & TIMBER CO., INC, and
who had been designated by said DELTIC FARM & TIMBER CO., INC. to
execute the above instrument, to me personally well known, who
stated they were the President and Secretary of said DELTIC FARM &
TIMBER CO., INC. and were duly authorized in their respective
capacities to execute the foregoing instrument for and in the name
and behalf of said DELTIC FARM & TIMBER CO., INC. and further
stated and acknowledged that they had so signed, executed, and
delivered said foregoing instrument for the consideration, uses and
purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal
this 13th day of Jul 1994.
My Commission Expires:
June 1, 2002
Attest;
Ja es E. Baine
Secretary
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Notary Public
DELTIC TIMBER PURCHASERS, INC.
By: 1c :
Ron Pearce
President
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF UNION
On this day before me, a Notary Public, duly commissioned,
qualified and acting within and for said county and state, appeared
the within named Ron Pearce and James E. Baine being the President
and Secretary, respectively, of DELTIC TIMBER PURCHASERS, INC. and
who had been designated by said DELTIC TIMBER PURCHASERS, INC. to
execute the above instrument, to me personally well known, who
stated they were President and Secretary of said DELTIC TIMBER
PURCHASERS, INC. and were duly authorized in their respective
capacities to execute the foregoing instrument for and in the name
and behalf of said DELTIC TIMBER PURCHASERS, INC. and further
stated and acknowledged that they had so signed, executed, and
delivered said foregoing instrument for the consideration, uses and
purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal
this 13th day of July , 1994.
NOTARY PUBLIC
My comr.ission expires:
June 1, 2002
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