HomeMy WebLinkAboutS-0867-SS ApplicationFILED AND RECORDED
BILL OF ASSURANCE 95 JUN 22 : ��
AND STREET DEDICATION '1
CARCf_YN ;a IA.LEY
CIRCUIT COUNTY CLERK
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, DELTIC FARM & TIMBER CO., INC., an Arkansas
corporation (hereinafter called "Deltic"), is the owner of the
following property:
A tract of land located in Section 35, T-2-N, R-14-W,
Pulaski County, Arkansas, more particularly described as:
Beginning at the Northeast corner of Tract 'F', Block 8,
Chenal Valley, an Addition to the City of Little Rock,
Arkansas; thence Easterly along the arc of a 602.96 ft.
radius curve to the left, having a chord bearing and
distance of S7002113011E, 156.3 ft.; thence S0202113911W,
280.40 ft. to a point on the North line of a 100 ft. wide
AP&L Transmission Line Easement; thence S8703414611E,
494.35 ft. along the said North line of a 100 ft. wide
AP&L Transmission Line Easement; thence N1402211711E,
192.36 ft.; thence Northwesterly along the arc of a
542.96 ft. radius curve to the left, having a chord
bearing and distance of N7100211411W, 223.60 ft.; thence
N82°5511311W, 50.40 ft.; thence N0700510311E, 60.00 ft.;
thence N8205511311W, 216.67 ft.; thence Northwesterly
along the arc of a 542.96 ft. radius curve to the right,
having a chord bearing and distance of N5705413311W,
459.13 ft.; thence N3205315211W, 258.29 ft.; thence
S5700610811W, 60.00 ft.; thence S3205315211E, 258.29 ft.;
thence Southeasterly along the arc of a 602.96 ft. radius
curve to the left, having a chord bearing and distance of
S47050151"E, 311.70 ft. to the point of beginning,
containing 4.33 acres more or less.
shown on the plat, hereinafter mentioned, as Tract 74, Chenal
Valley an Addition to the City of Little Rock, Arkansas
("Champagnolle Park"); and
WHEREAS, Champagnolle Park 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 (the "Covenants
and Restrictions"); and
WHEREAS, Deltic has caused to be it
Property Owners Association, Inc. for the
the maintenance of the common areas and a
including Champagnolle Park; and
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WHEREAS, it is deemed advisable that all of the property shown
on the plat hereinafter mentioned, be subdivided and platted as
shown on the plat filed herewith.
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 a
plat, showing a survey made by Joe D. White, Registered Land
Surveyor dated _, and bearing a Certificate of
Approval executed by the 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 street designated as Champagnolle
Drive on said plat to be used as a public street. In addition to
the said street, 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 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 property herein platted as Tract 74 is hereby dedicated as
common area for the use and benefit of the owners of lots in Chenal
Valley to be maintained and operated by Chenal Valley Property
Owners Association, Inc.
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
"Tract 74, Chenal Valley, an Addition to the City of Little Rock,
Arkansas" and any and every deed of conveyance describing the same
by the reference 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 in Champagnolle Park and no alteration or
repainting to the exterior of a structure shall be made and no
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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 a park for the use and benefit of the residents in
Chenal Valley.
3. Common Amenities. All amenities in Champagnolle Park,
including but not limited to, the swimming pool, pool house,
playground, basketball court and landscaped areas shall be
maintained by the Chenal Valley Property Owners Association, Inc.
4. Noxious _ Activity. No noxious or offensive trade or
activity shall be carried on in Champagnolle Park, 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.
5. 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 Champagnolle Park, nor
shall oil wells, tanks, tunnels, mineral excavations or shafts be
permitted upon or in Champagnolle Park. No derrick or other
structure designed for use in boring for oil or natural gas shall
be erected, maintained or permitted in Champagnolle Park.
6. Cesspool. No leaching cesspool shall ever be constructed
in Champagnolle Park.
7. Temporary Structure. No trailer, basement, tent, shack,
garage, barn or other outbuilding shall be erected in Champagnolle
Park, nor shall any structure of a temporary character be used for
human habitation.
8. Easements for Public Utilities and ❑rainage. 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
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in the installation, maintenance, repair or replacement of any
utility service located within the area of such easement.
9. Ground Frontage. The property herein platted shall not be
subdivided.
10. 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
property 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 the
property 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 subject property 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.
11. 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 by not less
than seventy-five percent (75%) of the owners of the Sites in
Chenal Valley. For purposes herein "Site" shall mean and refer to
any platted lot within Chenal Valley which may be purchased by any
person or owned by Deltic or any one-third (1/3) acre of any
unplatted property which has been included in Chenal Valley and is
subject to the Covenants and Restrictions.
12. 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.
13. ,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 this Bill of Assurance and pursuant
to paragraph thirteen (13) hereof 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.
14. 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.
15. Severability. 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 �O- day of U'o e__ . 1995.
Attest:
alter K. C pton
Assistant Secretary
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DELTIC FARM & TIMBER CO., INC.
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Ron Pearce
President
tI0n3.
Cit o �;t:;� �icck Pfa.�;ti>:3 Ccrrmi; ien
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 Walter K. Compton
being the President and Assistant 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 that they were the President and
Assistant 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 20th day of
June . 1995.
My Commission Expires:
June 1, 2002
0
DELTIC TIMBER PURCHASERS, INC.
By: - �' ;� P",--
Ron Pearce
President
Atte ' ��
Va ter K. t mpton
Assistant Secretary
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 Walter K. Compton
being the President and Assistant 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 that they were the President and
Assistant 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 Orh day of
June 1995.
My Commission Expires:
June 1, 2002
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rM W�V= i"p-M 0 VA 0 WA
City of Little Rock En ineerin Division
Depanmerl of 7C1 West i:,a •.r.ar.
Public Works Lillie Rock. rkarsps 7221-)200
371-4811 FAX -
CIVIL ENGINEERING RESPO14SE
The Civil Engineering Requirements for Filing of Final Plats
have been satisfied. Approval for filin of this plat can
be issued ('"�[rAm.P �►�/�r '
Signed By '
REMARKS: P ` F F-//e,
(!§� (fG>ZlyiWL)4M F02ai rA.)o)
CLR PUBLIC WORKS DEPT.
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