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Home My WebLink AboutS-0867-GGGGG ApplicationCity of Little Rock Planning and Development Filing Fees Date: ) -q Z., , 20 0 'Z` Annexation Board of Adjustment Cond. Use Permit/T.U.P. Final Plat Planned Unit Dev. Preliminary Plat { 11 ` Special Use Permit �p Rezoning _ Site Plans Street Name Chan x Street Name Signs Number q at r] 5..- ea. Public Hearing Signs Number at ca. Total File No. Location Applic tt BY C\,V s-J r � 02/03/2004 11:34:33 AN Filed & Recorded in Official Records of CAROLYN STALEY PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $JO.88 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS DELTIC TIMBER CORPORATION, a Delaware corporation (hereinafter called "Deltic"), is the owner of the following property: PART OF THE S 1 /2 OF SECTION 24 AND PART OF THEN 1 /2 OF SECTION 25, T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 115, BLOCK 36, CHENAL VALLEY, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, SAID CORNER LYING ON THE NORTH RIGHT-OF-WAY LINE OF LAMARCHE BLVD.; THENCE S81°25'12"E ALONG SAID NORTH RIGHT-OF-WAY LINE, 7.94 FT.; THENCE NORTHEASTERLY CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE BEING THE ARC OF A 25.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N57°35'37"E, 32.79 FT. TO THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG THE ARC OF A 477.46 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N23 ° 18'21 "E, 124.21 FT.; THENCE N30°46'47"E, 166.86 FT.; THENCE NORTHEASTERLY ALONG THE ARC OF A 430.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N50°23'50"E, 288.73 FT.; THENCE N70°00'52"E, 498.07 FT.; THENCE NORTHEASTERLY ALONG THE ARC OF A 570.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N59°41'05"E, 204.42 FT.; THENCE N49°21'18"E, 860.54 FT.; THENCE NORTHEASTERLY ALONG THE ARC OF A 570.00 FT —RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N37°57'33"E, 225.25 FT.; THENCE N26033'48"E, 358.21 FT.; THENCE NORTHERLY ALONG THE ARC OF A 570.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N02016'05"E, 469.04 FT.; THENCE N22'01'38"W, 322.79 FT.; THENCE N89002'26"W, 320.00 FT.; THENCE S76°31'28"W, 164.38 FT.; THENCE S76°59'03"W,123.34 FT.; THENCE S79°36'34"W,137.00 FT.; THENCE S80°28'59"W, 128.27 FT.; THENCE S86°38'49"W, 117.86 FT.; THENCE N86°22'16"W, 117.88 FT.; THENCE N78°54'32"W, 117.92 FT.; THENCE N72°55'51"W, 128.02 FT.; THENCE N71°42'36"W, 285.43 FT.; THENCE �Q F:\HOME\PATP\DELTIC\Couns-BOA.wpd CUNTY. ,, N18°17'24"E, 240.00 FT.; THENCE S71°42'36"E, 17.18 FT.; THENCE N18017'24"E, 140.00 FT.; THENCE N71°42'36"W, 24.10 FT.; THENCE N18°17'24"E, 190.00 FT.; THENCE S71°42'36"E, 17.17 FT.; THENCE N 18° 17'24"E, 570.88 FT. TO A POINT ON THE NORTH LINE OF THE S W 1 /4 SW 1/4, SAID SECTION 24; THENCE S88° 16'28"E ALONG SAID NORTH LINE, 25.43 FT. TO THE NORTHWEST CORNER OF THE SE1/4 SW1/4, SAID SECTION 24; THENCE S 88°5 5'39"E ALONG THE NORTH LINE OF SAID SE 1 /4 SW1/4, 1089.19 FT.; THENCE S35°23'36"E, 222.92 FT.; THENCE S60°22'34"E, 30.00 FT.; THENCE S29°37'26"W, 165.94 FT.; THENCE SOUTHERLY ALONG THE ARC OF A 630.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S22°48'02"W,149.70 FT.; THENCE S74'01'22"E, 60.00 FT.; THENCE SOUTHERLY ALONG THE ARC OF A 570.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S03'01'30"E, 371.19 FT.; THENCE S22'01'38"E, 553.80 FT.; THENCE SOUTHERLY ALONG THE ARC OF A 630.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S02°16'05"W, 518.41 FT.; THENCE S26°33'48"W, 358.21 FT.; THENCE SOUTHWESTERLY ALONG THE ARC OF A 630.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S37057'33"W, 248.96 FT.; THENCE S49°21'18"W, 860.54 FT.; THENCE SOUTHWESTERLY ALONG THE ARC OF A 630.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S59°41'05"W, 225.93 FT; THENCE S70°00'52"W, 498.07 FT.; THENCE SOUTHWESTERLY ALONG THE ARC OF A 370.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARINGAND DISTANCE OF S50°23'50"W, 248.45 FT.; THENCE S30046'47"W,166.86 FT.; THENCE SOUTHWESTERLY ALONG THE ARC OF A 417.46 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S23014'58"W, 109.42 FT. TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF LAMARCHE DRIVE; THENCE N73°22'54"W ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF LAMARCHE DRIVE, 60.00 FT. TO THE POINT OF BEGINNING, CONTAINING 42.0976 ACRES MORE OR LESS. Chenal Valley an Addition to the City of Little Rock, Arkansas (the "Belle Vallee - The Courts Neighborhood"); and WHEREAS, the Belle Vallee - The Courts 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, as amended, (the "Covenants and Restrictions"); and WHEREAS, Deltic has caused to be incorporated Belle Vallee - The Courts Property Owners Association, Inc. for the purpose of administering the maintenance of the common area and amenities in the Belle Vallee - The Courts Neighborhood and Chenal Valley Property Owners F: HOMETAMDELTIC\Couns-BOA wpd -2 Association, Inc. for the purpose of administering the maintenance of the common areas and amenities of Chenal Valley; and WHEREAS, all owners of lots within the Belle Vallee - The Courts Neighborhood will be members of Belle Vallee - The Courts 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 and the Covenant and Restrictions in order to enhance the value of the Belle Vallee - The Courts 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 a plat, showing a survey made by Paul M. White, Registered Land Surveyor dated JGnvav 4) .'Laos 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 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 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 areas designated on the Plat as Tracts B, C and D, Block 121, Tract F, Block 122 and Tract A, Block 123, Chenal Valley, an addition to the City of Little Rock, Arkansas, are hereby donated and dedicated by Deltic to the owners, as they may exist from time to time, of lots within the Belle Vallee - The Courts Neighborhood with the right to use as easements for drainage and/or utilities, and/or pedestrian paths or trails, and for buffer, park and aesthetic purposes. The Belle Vallee - The Courts 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 B, C and D, Block 121, Tract F, Block 122 and Tract A, Block 123, other than improvements for those designated purposes unless first approved by the appropriate agencies of the City of Little Rock, Belle Vallee - The Courts Property Owners Association, Inc. and the Architectural Control Committee established FAHOM E\PATP\DELTI C\Cowu-BOA. wpd - 3 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 he forever known as "Lots 1-13, Block 121, Lots 47-63, Block 121, Tracts B, C and D, Block 121, Lots 1-9, Block 122, Tract F, Block 122, Lots 1-10, Block 123, Lots 27-36, Block 123 and Tract A, Block 123, Chenal Valley, an addition to the City of Little Rock, Arkansas." and any and every deed of conveyance of any lot in the Belle Vallee - The Courts 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 he held, owned and conveyed subject to and in conformity with the following covenants: I. Additions to Belle Vallee - The Courts Neighborhood. Additional lands of Deltic may become subject to this Bill of Assurance and added to Belle Vallee - The Courts Neighborhood in the following manner: Deltic shall have the right but not the obligation to bring within the Belle Vallee - The Courts Neighborhood additional properties, regardless of whether or not said properties are presently owned by Deltic, as future phases of the Belle Vallee - The Courts Neighborhood, provided that such additions are in accord with the general plan of development for the Belle Vallee - The Courts Neighborhood (the 'Belle Vallee - The Courts General Plan") which has been prepared prior to the date of this Bill of Assurance and prior to the sale of any lot in the Belle Vallee - The Courts Neighborhood and is maintained in the office of Deltic and provided such proposed additions, if made, become subject to assessments of the Belle Vallee - The Courts Property Owners Association, Inc. for their share of expenses. UNDER NO' CIRCUMSTANCES shall this Bill of Assurance or any supplement or the Belle Vallee - The Courts General Plan bind Deltic to make the proposed additions or to adhere to the Belle Vallee - The Courts General Plan or any subsequent development plan shown on the Belle Vallee - The Courts General Plan. Nor shall Deltic be precluded from conveying lands in the Belle Vallee - The Courts General Plan not subject to this Bill of Assurance or any supplement free and clear of this Bill of Assurance or any supplement thereto. Any additional phases added to the Belle Vallee - The Courts Neighborhood shall be made by filing of record a supplemental Bill of Assurance with respect to the additional property and shall extend the covenants and restrictions of this Bill of Assurance to said additional property and the owners, including Deltic, of lots in those additions shall immediately be entitled to all rights and privileges provided in this Bill of Assurance. The Supplemental Bill of Assurance may contain such complimentary additions and modifications of the provisions of this Bill of Assurance necessary to reflect the different character, if any, of the added properties as are not inconsistent with the plan of this Bill of Assurance. In no event, however, shall such supplement, revoke, modify or add to the covenants established by this Bill of Assurance as to the property herein described. No entity, other F-\HOME\PATP\UELTIC\Coum-DOA.wpd — than Deltic, shall have the right to subject additional lands to the Belle Vallee - The Courts Neighborhood unless Deltic shall indicate in writing that such additional lands may be included. 2. 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 bythe Architectural Control Committee as provided for in the Covenants and Restrictions. 3. Use of Land. The land herein platted shall he held, owned and used only as residential building sites. No structures shall he erected, altered, placed or permitted to remain on any building site other than a single detached single-family residence. 4. Common Amenities. The areas designated on the Plat as Tracts B, C and D, Block 121, Tract F, Block 122 and Tract A, Block 123, and all improvements thereon. including but not limited to, all walls, lighting, irrigation and landscaped areas shall be maintained by the Belle Vallee - The Courts Property Owners Association, Inc., except for public utility improvements which are maintained by such public utilities. 5. Delegation of Authority. Deltic has caused the formation of the Belle Vallee - The Courts 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. 6. Creation of Obli ation for Assessments. By acceptance of a deed or other conveyance of property covered by this Bill of Assurance, each owner of a lot within Belle Vallee - The Courts Neighborhood shall become a member of the Belle Vallee - The Courts Property Owners Association, Inc. and, other than Deltic, be deemed to covenant and agree to pay any assessments, charges and/or special assessments which may hereinafter he levied by the Belle Vallee - The Courts Property Owners Association, Inc. for the purpose of promoting the recreation, health, safety and welfare of the owners within the Belle Vallee - The Courts Neighborhood, in particular for the acquisition, servicing, improvement and maintenance of common areas and properties within the Belle Vallee - The Courts Neighborhood and facilities which may be hereafter dedicated for use by Deltic or otherwise acquired by the Belle Vallee - The Courts Property Owners Association, Inc., which amount together with interest, costs of collection and a reasonable attorneys fee, shall be a continuing lien upon the lot of each owner. In lieu of assessments being imposed upon such lots owned by Deltic, Deltic shall underwrite all reasonable costs for the operation of Belle Vallee - The Courts Property Owners Association, Inc. not covered by assessments paid by owners of lots other than Deltic until eighty percent (80%) of all lots are owned by persons or entities other than Deltic. Once eighty percent (80%) of all lots are owned by persons or entities other than Deltic, the remaining lots owned by Deltic shall be subject to the same assessments as lots owned by others than Deltic. FAHOMETATMELTIOCoum-BOA wpd -5 7. Height and Type of Residence. The residences in Belle Vallee - The Courts shall be of similar size and architectural style so as to create a neighborhood of architectural continuity. All construction and improvements shall be approved by the Architectural Control Committee, in its sole and absolute discretion, as further provided for in paragraph 2 of this Bill of Assurance. No residence shall be erected, altered, placed or permitted to remain on any lot in the Belle Vallee - The Courts Neighborhood other than one detached single-family residence not to exceed two stories in height. 8. 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, but in no event closer than 8 feet from any interior Lot side 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. Where two or more lots are acquired as a single building site, the site building lines shall refer only to those bordering the adjoining property owner. 9. Minimum Square Feet Area. No residence shall be constructed or permitted to remain on any building site in the Belle Vallee - The Courts Neighborhood unless the finished heated living area, exclusive of porches, patios, garages, breeze ways, exterior stairways, porte coheres, storage areas and outbuildings, shall equal to or exceed that shown in the following schedule: Lot Number All Lots One Story Minimum Sq. Ft. 2,200 Multi -Story Minimum Sq. Ft. 2,600 Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. 10. Frontage of Front Residence on Streets. Any residence erected on a lot in the Belle Vallee - The Courts 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. 11. 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 public utility company in connection with the furnishing of public utility services to the Belle Vallee - The Courts Neighborhood. F \HOME\PATP\DELTIC\Courts-BOA wpd -6- 12. Outbuildings Prohibited. No outbuildings or other detached structure, including, but not limited to, tree houses, playhouses, and flagpoles, appurtenant to the residence may be erected on any of the lots hereby restricted without the consent in writing of the Architectural Control Committee. 13. soxiotls 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. 14. Oil and Mineral Operations. No oil drilling, oil development operating, oil refining, quarrying or mining operations of any kind shall he permitted upon or in any building site or lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts he permitted upon or in any building site or lot. 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 or lot. 15. CeWooI. No leaching cesspool shall ever be constructed or used on any lot. 16. Existing Structure. No existing, erected building, manufactured home or structure of any sort may be moved onto or placed on any of the above -described lots. 17. Temporary Structure. No trailer, mobile home, 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. 18. Easements for Public Utilities and Drains e. 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 casement, 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. 19. Fences. No fences, enclosure or part of any building of any type or nature whatsoever shall ever he 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 he used under any circumstances; provided, further, that it is not the intentions of this paragraph to exclude the use of evergreens or other F:\HOME\PATP\DELTIC\Co.ns-BOA wpd -7 shrubbery to landscape the front yard. Fencing of any type must be approved by the Architectural Control Committee as provided in paragraph 2 hereof. 20. Sight 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 at least eight (8) 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. 21. Property Lines 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. 22. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs shall be saw cut at driveways with a diamond blade, and driveway grades lowered to meet the gutter line not more than two inches above the gutter grade. 23. Subdividing Lot. No lot shall be subdivided. 24. Rijzht 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 (for so long as Deltic owns lots within Belle Vallee - The Courts Neighborhood but not thereafter), the Belle Vallee - The Courts Property Owners Association, Inc. 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 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. 25. 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 owner or owners of more than F \HOME\PATP\DELTIC\Courts-BOA wpd -8- seventy-five percent (75%) in area of the total land contained within the Belle Vallee - The Courts Neighborhood. Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2033 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 Belle Vallee - The Courts Neighborhood has been recorded prior to the commencement of any ten-year period. 26. Attorney Fee. In any legal or equitable proceeding for damages or the enforcement of 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. 27. 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, 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 surface in any oil drilling, oil development operating, oil refining, quarrying or mining operations. 28. 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. 29. 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. ,�J qr EXECUTED this day of �� , 2004. DELTIC TIMBER CORPORATION By: C Ray C. Dillon r r: President •— r`'r `r.C: rCC�; 'Vie, Ba l ss R e '11a R--.k subd'srision and zon:,19 e;c;r.._..�__. Secretary zf3la� Ci y o itile Rack Plannim . Commission F MOMETATMELTIOCouns-BOA wpd —9— 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 Ray C. Dillon and W. Bayless Rowe being the President and Secretary, respectively, of DELTIC TIMBER CORPORATION and who had been designated by said DELTIC TIMBER CORPORATION to execute the above instrument, to me personally well known, who stated they were the President and Secretary of said DELTIC TIMBER CORPORATION and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said DELTIC TIMBER CORPORATION, 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 Z day of 2004. Notary Public My Commission Expires: "NOTARY SEAL" Lana Cobb, Notary Public Union County, State of Arkansas My Commission Expires 3/01/12 F \H0ME\PATP\DELT10Courts-B0A wpd -1 0- DELTIC TIMBER PURCHASERS, INC. /?C, �. �JL- Ray C. billon President _. O )1r.,.-$yless awe �•� ACKNOWLEDGMENT STATE OF ARKANSAS 1616180 p SY&V4, 1ti L On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named Ray C. Dillon and W. Bayless Rowe being the President and Secretary, respectively, ofDELTIC TIMBER PURCHASERS, INC. andwho hadbeen 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 ��fday of 312004. My commission expires: NOTARY PUBLIC "NOTARY SEAL" Lana Cobb, Notary Public Union County, State of Arkansas My Commission Expires 3/01/12 F \HOME\PATP\DELTIC\Couns-BOA wpd -1 1- City of Lime Rock Civil �n ineerin Division �. Department of 701 West Markham f Public Works Little Rock, Arkansas 72201-1300 371-4811 Fax 371-4460 �'7' CIVIL ENG - ERING RESPONSE THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED" APPROVAL FOR FILING OF THIS PLAT CAN BE ISSUED GHE Nrt L UA le y Ile. a //e e - T/ie tau r�J g-lZl j Z-47,43., B-i , 794' s gcV'° a-'ZIj T r e-i=z/ 13-1z -Z? 3114 -�23, �.� -�z3, f`��r+,��c � De. Q-ate✓ D�y/.rs,�t SIGNED BY ENGINEER 7 (j SIGNED BY SURVEYOR SIGNED BY 911 ADDRESS COORDINATOR DGt DXF. DISKETTE PLAT DXF DISKETTE STORM DRAIN REMARKS