HomeMy WebLinkAboutS-0867-KKKKK ApplicationCity of Little Rock
Planning and Development
Filing Fees
Date: (a f tD , 20K
Annexation .
$
Board of Adjustment
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Cond. Use Permit/T.U.P.
$
Final Plat
$ ab
Planned Unit Dev.
$
Preliminary Plat
$
Special Use Permit
$
Rezoning
Site Plans
$
Street Name Change
$ ;
Street Name Signs
Number at ea.
Public Hearing Signs
Number at ea.
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Total
$ /qR_
File No. 4� =-
Location i` 1 b-L
Appli nt
By
�A
2004051912
06/30/2004 02:39:36 PM
Filed & Recorded in
Official Records of
CAROLYN STALEY
PULASKI COUNTY
CIRCUIT/COUNTY CLERK
Fees $53.00
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 SECTION 26, T-2-N, R-14-W, LITTLE ROCK, PULASKI COUNTY,
ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF
CHENAL PARKWAY AND THE WEST RIGHT-OF-WAY LINE OF CHENAL CLUB
BLVD., BEING N68 46'46"W, 118.41 FT. FROM THE NORTHWEST CORNER OF
TRACT
D-B, BLOCK 13, CHENAL VALLEY, AN ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS; THENCE S06 4731"W ALONG SAID WEST RIGHT-OF-WAY
LINE, 34.84 FT.; THENCE S20 47'31"W CONTINUING ALONG SAID RIGHT-OF-
WAY LINE, 121.60 FT.; THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-
WAY LINE BEING THE ARC OF A 354.26 FT. RADIUS CURVE TO THE RIGHT, A
CHORD BEARING AND DISTANCE OF S52 54'22"W, 376.66 FT. THENCE
S85 01'14"W CONTINUING ALONG SAID RIGHT-OF-WAY LINE, 268.80 FT.;
THENCE N25 45'47"W, 484.85 FT.; THENCE N80 35'41"W, 403.88 FT.; THENCE
N85 14'11"W, 137.62 FT.; THENCE N20 05'04"W, 141.79 FT.; THENCE NO2 48'31"E,
122.51 FT.; THENCE N04 25'34"W, 256.67 FT.; THENCE N28 45'49"W, 468.54 FT.;
THENCE N15 58'34"W, 164.62 FT.; THENCE N54 45'07"E, 531.84 FT.; THENCE
N79 12'25"E, 66.53 FT.; THENCE S86 39'42"E, 285.11 FT. TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF CHENAL PARKWAY; THENCE SOUTHERLY ALONG
SAID WEST RIGHT-OF-WAY LINE BEING THE ARC OF A 1512.39 FT. RADIUS
CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S0140'33"E,
264.37 FT.; THENCE S83 18'36"W, 100.00 FT.; THENCE S68 06'56"W, 257.83 FT.;
THENCE S58 30'13"W, 116.70 FT.; THENCE S30 23'20"E, 129.79 FT.; THENCE
N59 36'40"E, 5.00 FT.; THENCE S30 23'20"E, 186.37 FT.; THENCE S22 08'32"E, 142.48
FT.; THENCE S26 3749"E, 45.00 FT.; THENCE SOUTHWESTERLY ALONG THE
ARC OF A 222.50 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND
Bill of Assurance -- The Arbors
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DISTANCE OF S66 07'15"W, 21.36 FT.; THENCE S02 44'56"E, 202.13 FT.; THENCE
S70 04'01"E, 125.07 FT.; THENCE NORTHEASTERLY ALONG THE ARC OF A
122.50 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE
OF N45'18'10"E, 40.18 FT.; THENCE S35 15'33"E, 45.00 FT.; THENCE S59 50'27"E,
114.40 FT.; THENCE N72 48'07"E, 219.77 FT.; THENCE N78 51'12"E, 103.95 FT. TO A
POINT ON THE SOUTH RIGHT-OF-WAY LINE OF CHENAL PARKWAY; THENCE
N47 51'47"E ALONG SAID SOUTH RIGHT-OF-WAY LINE 10.00 FT.; THENCE
SOUTHEASTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE BEING THE ARC
OF A 1512.39 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND
DISTANCE OF S53 08'42"E, 577.58 FT.; THENCE S25 50'49"W, CONTINUING
ALONG SAID SOUTH RIGHT-OF-WAY LINE, 20.00 FT.; THENCE
SOUTHEASTERLY CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE
BEING THE ARC OF A 1532.39 FT. RADIUS CURVE TO THE LEFT, A CHORD
BEARING AND DISTANCE OF S65 34'16"E, 75.84 FT. TO THE POINT OF
BEGINNING, CONTAINING 24.1892 ACRES MORE OR LESS.
located in Chenal Valley an Addition to the City of Little Rock. Arkansas ("The Arbors
Neighborhood"); and
WHEREAS, The Arbors 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 The Arbors Property Owners
Association. Inc. for the purpose of administering the maintenance of the common area, roadways
and amenities in The Arbors Neighborhood and Chenal Valley Property Owners Association, Inc.
for the purpose of administering the maintenance of common areas and amenities in Chenal Valley;
and
WHEREAS, all owners of lots within The Arbors Neighborhood are required to be
members of The Arbors Property Owners Association, Inc. as provided for herein and also
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 in the Covenant and Restrictions, in order to enhance the value of The Arbors
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,
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Bill of Assurance -- The Arbors
showing a survey made by Paul M. 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").
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 areas designated on the Plat as Tracts A, B, C, D, E and F, Block 83, Chenal Valley, an
addition to the City of Little Rock, Arkansas, and roadways, street lights, drainage facilities and
other infrastructures are hereby donated and dedicated by Deltic to the owners, as they may exist
from time to time, of lots within The Arbors Neighborhood with the right to use these areas for
utility, roads, drainage, buffer, park and aesthetic purposes and The Arbors 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, E and F, Block 83, other than improvements
for those designated purposes, unless first approved by the appropriate agencies of the City of Little
Rock, The Arbors 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
easements subject to the limitations herein set out.
The lands embraced in the Plat shall be forever known as "Lots 2-12, Block 83, Lots 20-23,
Block 83, Lots 31 and 32, Block 83, Lots 40-79, Block 83, and Tracts A, B, C, D, E and F, Block
83, Chenal Valley, an addition to the City of Little Rock, Arkansas," and any and every deed of
conveyance of any lot in The Arbors 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. Additions_ to The Arbors Neighborhood. Additional lands of Deltic may become
subject to this Bill of Assurance and added to The Arbors Neighborhood in the following manner:
Deltic shall have the right but not the obligation to bring within The Arbors Neighborhood
additional properties, regardless of whether or not said properties are presently owned by Deltic, as
_3-
Bill of Assurance -- The Arbors
future phases of The Arbors Neighborhood, provided that such additions are in accord with the
general plan of development for The Arbors Neighborhood (the "The Arbors 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
Arbors Neighborhood and is maintained in the office of Deltic and provided such proposed
additions, if made, become subject to assessments of The Arbors Property Owners Association, Inc.
for their share of expenses. UNDER NO CIRCUMSTANCES shall this Bill of Assurance or any
supplement of The Arbors General Plan bind Deltic to make the proposed additions or to adhere to
The Arbors General Plan or any subsequent development plan shown on The Arbors General Plan.
Nor shall Deltic be precluded from conveying lands in The Arbors 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 Arbors 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 general
plan of development or 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 than Deltic, shall have the right to subject additional lands to The Arbors
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 by the Architectural Control Committee as provided for in the
Covenants and Restrictions.
Notwithstanding the above, all residences constructed on any Lot within The Arbors
Neighborhood must comply with the following criteria in addition to any other requirements
imposed by the Architectural Control Committee:
A. No ceilings on the first floor of any residence shall be less than ten (10) feet
in height.
B. All windows shall be of wood or wood clad.
C. The roof pitch on any residence shall be 10"/12" minimum.
D. Any siding for use on the soffit fascia frieze boards or dormers of an
residence must be siding that has been approved by the Architectural
Control Committee.
In
Bill of Assurance -- The Arbors
E. All irrigation and landsca a contractors used in the construction of an
residence must be approved by the Architectural Control Committee.
3. Use of Land. The land herein platted shall be held, owned and used only as
residential building sites. No structures shall be 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 A, B, C, D, E and F,
Block 83, and the roadways within The Arbors Neighborhood as designated on the Plat, and all
improvements thereon, including but not limited to, all streets, walls, lighting, irrigation, gates,
gatehouses and landscaped areas shall be maintained by The Arbors Property Owners Association,
Inc. except for public utility improvements which are maintained by such public utilities.
5. Delegation of Authori . Deltic has caused the formation of The Arbors 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 Obligation for Assessments. By acceptance of a deed or other
conveyance of property covered by this Bill of Assurance each owner, other than Deltic, of a lot
within The Arbors Neighborhood shall be deemed to covenant and agree to pay any assessments,
charges and/or special assessments which may hereinafter be levied by The Arbors Property
Owners Association, Inc. for the purpose of promoting the recreation, health, safety and welfare of
the owners within The Arbors Neighborhood, in particular for the maintenance of all landscaping
and grounds of all lots with The Arbors Neighborhood and the acquisition, servicing, improvement
and maintenance of common properties and roadways within The Arbors Neighborhood and
facilities which may be hereafter dedicated for use by Deltic or otherwise acquired by The Arbors
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.
The Arbors Neighborhood Property Owners Association, Inc. shall not be
responsible for the maintenance or replacement of any irrigation/sprinkler system located on any
Lot. Such maintenance or replacement is the sole responsibility of the Lot owner.
In lieu of assessments being imposed upon such lots owned by Deltic, Deltic shall
underwrite all reasonable costs for the operation of The Arbors 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.
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Bill of Assurance -- The Arbors
7. Height and Type of Residence. The residences in The Arbors Neighborhood shall
be of similar size and architectural style so as to create a neighborhood of architectural continuity.
All construction 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 Arbors Neighborhood other than
one detached single-family residence not to exceed two and one-half 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 can 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 five (5) feet. For the purposes of this covenant, eaves, steps
and porches not under roofs shall not be considered as a part of the building. Where two or more
lots are acquired as a single building site, the side 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 Arbors Neighborhood unless the finished heated living area,
exclusive of porches, patios, garages, breezeways, exterior stairways, porte cocheres, storage areas
and outbuildings, shall be equal to or exceed that shown in the following schedule:
One Story Multi -Story
Lot Number Minimum Sq.. Ft. Minimum Sic .. Ft.
All Lots 2,000 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 Residence on Streets. Any residence erected on any lot in The Arbors
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 a public utility company in connection with the furnishing of
public utility services to The Arbors Neighborhood.
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Bill of Assurance -- The Arbors
12. 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.
13. 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 lot 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 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. 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, basement, tent, shack, garage, bam or other
outbuilding other than a guest house and servants quarters can be erected on a building site covered
by this Bill of Assurance or at any time be used for human habitation, temporarily or permanently.
No structure of a temporary character can be used for human habitation.
18. 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.
19. Easements for Pedestrian and Golf Cart Traffic. Access easements for the residents
within The Arbors Neighborhood who are members in good standing of Chenal County Club, Inc.
and are entitled to golfing privileges, are located between Lots 51and 52 and Lots 65 and 66, Block
83, being Tracts D and E as shown on the Plat and such easements are hereby dedicated as private
easements for pedestrian and golf traffic only for the use of owners of lots in The Arbors
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Bill of Assurance -- The Arbors
Neighborhood to be used for access to the adjacent golf course. These easements shall be
maintained by The Arbors Property Owners Association, Inc.
20. Private Roadways. All roadways within The Arbors Neighborhood are private
access easements for vehicular traffic only for the use of the owners of lots in The Arbors
Neighborhood. An easement is also hereby granted to the public for access to the lots in the case of
an emergency created by fire, public safety, or other occurrence necessitating access to a lot by any
public utility, fire department, police department or other public agency. Additionally, Deltic
hereby grants to the public utilities the right to use these areas for utility and drainage easements
provided such public improvements are maintained by said public utilities. The Arbors Property
Owners Association, Inc. shall maintain such private access easements including all private
improvements thereon, including but not limited to irrigation, street .lights, gated entry and
gatehouse.
21. Fences. No fences or other enclosure of 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. Fencing of any type must be approved by the
Architectural Control Committee as provided in paragraph 2 hereof.
22. 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.
23. 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.
24. 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.
Bill of Assurance -- The Arbors
25. Subdividing Lot. No lot shall be subdivided.
26. Assumption of Risk. By acceptance of a deed or other conveyance of property, each
owner of any Lot within The Arbors Neighborhood assumes all risk for damages to persons or
property arising from errantly struck golf balls by members and guests of Chenal Country Club,
Inc., and accepts title to such lot with knowledge of the possibility of errantly struck golf balls
striking the lot and/or persons and improvements located thereon.
27. 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 The Arbors Neighborhood but not thereafter), The
Arbors 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.
28. 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 seventy-five percent (75%) in area of the total land contained within The Arbors
Neighborhood. Each covenant in this instrument, unless expressly provided otherwise, shall remain
in full force and effect until January 1, 2034 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 then owners of seventy-five percent (75%) of the lots in The Arbors
Neighborhood has been recorded prior to the commencement of any ten-year period.
29. 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.
30. 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
in
Bill of Assurance -- The Arbors
fourteen (14) thereof will not engage the use of the surface in any oil drilling, oil development
operating, oil refining, quarrying or mining operations.
31. 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.
32. 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 1' day of June, 2004.
DELTIC TH BER CORPORATION
By: /<"!" .
Ray . Dillon, President
Attest:
l .
W. Bayless owe, 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 Ray C. Dillon and W. Bayless Rowe being the
President and Secretary, respectively, of DELTIC TMIBER 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 TMIBER CORPORATION, and further
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Bill of Assurance -- The Arbors
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.
y/ t
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this I day of
June, 2004.
p Y SE taryPublic
Lana Cobb, S to of Arkansas
Union County, lTe5 3f01112
M Commission Expires
sston Expires: 3//�/�
DELTIC TIMBER PURCHASERS, INC.
tt, yCs .i
v' ,A
W. Bay ss Rowe, Secretary
STATE OF ARKANSAS
COUNTY OF UNION
C'�' e�
Notary Public
By:
Ray . Dillon, President
'*g i ►t 2;jgMFA1212
RevieKce c-ly for indusion of minimum
required by th= i;ity of Little Rode subdivisicn t4lu!= >
Bill of A,,s::-ance provisions established tl i
developer rs:-y exceed minimum mNulaticr;l ct l;,v
Little Rock subdivision and zoning ordin:noc
City of Little Rock P€aVnq Commission
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 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
-11-
Bill of Assurance -- The Arbors
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.
16-
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this A day of June,
2004.
uNQ f AR 1 SEAC
Lana as
Cobb, Notary Public
�y�ion County, State?
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commission expires:
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Bill of Assurance -- The Arbors
Notary Public
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C' of Little Rock -Civil Engineering Division
Department of 701 West Markham
Public Works Little Rock, Arkansas 72201-1300
371-4811 Fax 371-4460
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CIVIL ENGINEERING RESPONSE
THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS
HAVE BEEN SATISFIED. APPROVAL FOR FILIN OF THIS PLAT CAN
BE ISSUED h�N.q v,4 Me Crti-c 4R B'cP 2s
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SIGNED BY ENGINEER
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SIGNED BY SURVEYOR A
SIGNED BY 911 ADDRESS COORDINATOR
DXF. DISKETTE PLAT
DXF DISKETTE STORM DRAIN
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