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HomeMy WebLinkAboutS-0867-PPPPPP Application'20060 33929 10/24/2006 02:52:34 PM tiled & ;Recorded in Cifficial Records of PAT 01 BRIEN PUL05KI COUNTY CIRCUIT/COUNTY CLERK Fees $26.00 0. &S CORRECTED BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS That, whereas, Deltic Timber corporation, a Delaware Corporation (hereinafter called "Deltic"), did file of record on October 13, 2006, in the office of the Circuit Clerk of Pulaski County, Arkansas that certain Bill of Assurance as instrument no. 2006081267 (the "Bill of Assurance"), creating the Sezanne Court Neighborhood of Chenal Valley, an addition to the City of Little Rock, Arkansas. WHEREAS, this Corrected Bill of Assurance is filed for the purposes of correcting a clerical error contained in the metes and bounds description contained in the Bill of Assurance. WHEREAS, the undersigned deem it necessary to amend and correct the Bill of Assurance. The following is hereby substituted as the metes and bounds description contained in the Bill of Assurance. PART OF THE NEIA, SECTION 34, PART OF THE NW 1/4, SECTION 35 AND PART OF THE SW1/4 SW 1/4 SECTION 26, ALL IN T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 34; THENCE S87°44'58"E ALONG THE NORTH LINE OF SAID NW1/4 SECTION 35, 329.70 FE TO THE SOUTHEAST CORNER OF THE W1/2 SW1/4 SW1/4 SW1/4, SECTION 31, T-2-N, R-14-W; THENCE N67°05'29"E, 147.40 FT. TO THE SOUTH RIGHT-OF-WAY LINE OF CHENAL VALLEY DRIVE; THENCE SOUTHEASTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE, BEING THE ARC OF A 746.20 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S45021'38"E, 569.96 FT.; THENCE S67°48'45"E AND CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, 150.14 FT.; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE, SOUTHEASTERLY ALONG THE ARC OF A 38.71 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S 18000' 59"E, 62.61 FT.; THENCE S371 F01"W, 303.62 FE; THENCE S78°45'25"W, 57.87 FT.; THENCE S54°31'40"W, 175.99 FT.; THENCE S68°26'46"W, 392.52 FT.; THENCE S89005'05"W, 174.49 FT.; THENCE N79007'15"W, 671.35 FT.; THENCE N38°20'27"W, 202.55 FT.; ■j1�tiu i E i ri►�r►, THENCE N25053'42"W, 245.13 FT.; THENCE N40°32' 10"W, 87.00 FT+a+■''■ THENCE N49003'48"W, 324.06 FT.; THENCE N02015'02"E, 232.58 FT. TO T��` '• •.�`'._ U NORTH LINE OF SAID NE1/4, SECTION 34; THENCE S87°44'58"E ALONG SAID NORTH LINE, 1079.00 FT. TO THE POINT OF BEGINNING, CONTAINING 34.2438 ACRES MORE OR LESS, Except as specifically amended by this Corrected Bill of Assurance, the provisions of the Bill of Assurance previously executed and corded, shall remain in full force and effect. EXECUTED this 2 3 day of�(,1�91'-OY' , 2006. DELTIC TIMBER CORPORATION BY: �• Rayf Dillon, President Attest' �ti � W. Bayless R e, 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, to me well known, who stated that they were the President and Secretary, respectively, of DELTIC TEVIBER CORPORATION and were designated and duly authorized in their respective capacities by said DELTIC TIMBER CORPORATION to execute the above instrument for and in the name and behalf of said DELTIC TRVIBER CORPORATION and further 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 this2 day of 2006. My Commission Expires _ 31Z//z "NOTARY SEAL" Lana Cobb, Notary Public Union County, State of Arkansas My Commission Expires 3/01/12 0 UZI Notary Public DELTIC TIMBER PURCHASERS, INC. By: l.� Ray C Dillon, President Attest: P/, &,,/ hl�pnc_- W. Bayl 96 Rowe, 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, to me well known, who stated that they were the President and Secretary, respectively, of DELTIC TIMBER PURCHASERS, INC. and were designated and duly authorized in their respective capacities by said DELTIC TIlVIBER PURCHASERS, INC. to execute the above instrument for and in the name and behalf of said DELTIC TRVIBER PURCHASERS, INC., and further 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.' day of 2006. E TARY SEAL" bb, Notary PubiictY, State of Arkansassion Expires 3/04112 My commission expires: C:\W INDO W S\TEMP\gu6j uru v. wpd NOTARY PUBLIC rcquire.:t,., '.,_ Olt!,r c` Li;::.; R^..G:e Llttte ROGk sUtdlvislm and Zoning crd;nancc3. -- 04 of Little Rock Planning Commission 2006081267 10/13/2000 11:16:34 API Filed & Recorded in Official Records of RAT O'BRIEN PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $47.00 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 THE NE1/4, SECTION 34, PART OF THE NW 1/4, SECTION 35 AND PART OF THE SW 1/4 SW1/4 SECTION 31, ALL IN T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 34; THENCE S87°44'58"E ALONG THE NORTH LINE OF SAID NW1/4 SECTION 35, 329.70 FT. TO THE SOUTHEAST CORNER OF THE W1/2 SW1/4 SW1/4 SW1/4, SECTION 31, T-2-N, R-14-W; THENCE N67'05'29"E, 147.40 FT. TO THE SOUTH RIGHT-OF-WAY LINE OF CHENAL VALLEY DRIVE; THENCE SOUTHEASTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE, BEING -THE ARC OF A 746.20 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S45021'38"E, 569.96 FT.; THENCE S67'48'45"E AND CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, 150.14 FT.; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE, SOUTHEASTERLY ALONG THE ARC OF A 38.71 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF SI8°00'59"E, 62.61 FT.; THENCE S37°11'01"W, 303.62 FT.; THENCE S78°45'25"W, 57.87 FT.; THENCE S54031'40"W, 175.99 FT.; THENCE S68026'46"W, 392.52 FT.; THENCE S89005'05"W, 174.49 FT.; THENCE N79007' 15"W, 671.35 FT.; THENCE N38°20'27"W, 202.55 FT.; THENCE N25053'42"W, 245.13 FT.; THENCE N40'32' 10"W, 87.00 FT.; THENCE N49003'48"W, 324.06 FT.; THENCE NO2'15'02"E, 232.58 FT. TO THE NORTH LINE OF SAID NE1/4, SECTION 34; THENCE S87044'58"E ALONG SAID NORTH LINE, 1079.00 FT. TO THE POINT OF BEGINNING, CONTAINING 34.2438 ACRES MORE OR LESS, Chenal Valley an Addition to the City of Little Rock. Arkansas (the "Sezanne Court Neighborhood"); and CAWIND0WS\TEMP\9curT,6ms.wpd 1- t WHEREAS, the Sezanne 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, as amended, (the "Covenants and Restrictions"); and WHEREAS, Deltic has caused to be incorporated Sezanne Court Property Owners Association, Inc. for the purpose of administering the maintenance of the common area and amenities in the Sezanne 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 WHEREAS, all owners of lots within the Sezanne Court Neighborhood are required to be members of the Sezanne 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 and in the Covenant and Restrictions in order to enhance the value of the Sezanne 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 a plat, showing a survey made by Paul M. White, Registered Land Surveyor dated Sun e . zpna, 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 and right of way 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 use of the areas designated on the Plat as Tracts A, B, C and D, Block 125, 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 Sezanne Court Neighborhood with the right to use these areas for utility, drainage, landscape, and pedestrian paths and trails and the Sezanne Court Property Owners Association, Inc. shall maintain such areas and improvements C:\WIND0WS\TEMPWcum6mc.wpd _2 s at its sole cost. Additionally, Deltic hereby grants to the public utilities, after receiving written consent from Deltic and Sezanne Court Property Owners Association, the right to use portions of these areas within said Tracts specifically designated by Deltic and Sezanne Court Property Owners Association, Inc. 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 and D, Block 125, Chenal Valley, an addition to the City of Little Rock, Arkansas, unless first approved by the appropriate agencies of the City of Little Rock, Sezanne 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 1-55, Block 125 and Tracts A, B, C and D, Block 125, Chenal Valley, an addition to the City of Little Rock, Arkansas", and any and every deed of conveyance of any lot in the Sezanne 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 . Additions to Sezanne Court Neighborhood. Additional lands of Deltic may become subject to this Bill of Assurance and added to Sezanne Court Neighborhood in the following manner: Deltic shall have the right but not the obligation to bring within the Sezanne Court Neighborhood additional properties, regardless of whether or not said properties are presently owned by Deltic, as future phases of the Sezanne Court Neighborhood, provided that such additions are in accord with the general plan of development for the Sezanne Court Neighborhood (the "Sezanne Court 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 Sezanne Court Neighborhood and is maintained in the office of Deltic and provided such proposed additions, if made, become subject to assessments of the Sezanne Court Property Owners Association, Inc. for their share of expenses. UNDER NO CIRCUMSTANCES shall this Bill of Assurance or any supplement or the Sezanne Court General Plan bind Deltic to make the proposed additions or to adhere to the Sezanne Court General Plan or any subsequent development plan shown on the Sezanne Court General Plan. Nor shall Deltic be precluded from conveying lands in the Sezanne Court 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 Sezanne Court 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 CA\V1ND0WS\TEM PWeurp6m .wpd —� 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 than Deltic, shall have the right to subject additional lands to the Sezaruie Court 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 and this Bill of Assurance. 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 and D, Block 125, and all improvements thereon, including but not limited to, any walls, lighting, irrigation and landscaped areas shall be maintained by the Sezanne Court Property Owners Association, Inc. except for public utility improvements which are maintained by such public utilities. 5. Delegation ofAtthority. Deltic has caused the fonnation of the Sezanne 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. 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 Sezanne Court Neighborhood shall be deemed to covenant and agree to pay any assessments, charges and/or special assessments which may hereinafter be levied by the Sezanne Court Property Owners Association, Inc. for the purpose of promoting the recreation, health, safety and welfare of the owners within the Sezanne Court Neighborhood, in particular for the acquisition, servicing, improvement and maintenance of common properties and amenities within the Sezanne Court Neighborhood and facilities which may be hereafter dedicated for use by Deltic or otherwise acquired by the Sezanne 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. In lieu of assessments being imposed upon such lots owned by Deltic, Deltic shall underwrite all reasonable costs for the operation of Sezanne Court 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 \\kilo\sys2\Home\PATP\DHLTIC\Suanne-boa wpd _4 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. 7. Height and Type of Residence. The residences in Sezanne Court 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 Sezanne Court Neighborhood other than one detached single-family residence not to exceed two stories in height. 8. Setback Re uirements. 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 (all front building lines are 25.0 feet); 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 9 feet. 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 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 Sezanne Court Neighborhood unless the finished heated living area, exclusive of porches, patios, garages, breeze ways, exterior stairways, pone cocheres, storage areas and outbuildings, shall equal to or exceed that shown in the following schedule: One Story Multi -Story Lot Number Minimum Sq. Ft. Minimum Sq__Ft. All Lots 2,200 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 Sezanne 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. 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 CAN%gNDO WS\TEMP\9curp6imwpd _ 5 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 Sezanne Court Neighborhood. 12. Outbuilding s 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 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 Operatigns. 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, tower, 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 Draina 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. Except as otherwise provided herein, 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. 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. 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. 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 their respective 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 Sezanne Court Neighborhood but not thereafter), the Sezanne Court 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 CAWIND0WSUEMP\9cur0nv.wpd -7- 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 seventy-five percent (75%), as it may exist at such time, including additions made hereto pursuant to Paragraph 1 hereof, in area of the total land contained within the Sezanne Court Neighborhood. Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2036, 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 Sezanne Court Neighborhood has been recorded prior to the commencement of any ten-year period. 26. Attorney Fee. In any legal or equitable proceeding for 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., a wholly owned subsidiary of Deltic, 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. CAMNDOWS\7EMP\9curp6m.wN -g.. EXECUTED this day of 2006. DELTIC TIlVIBER CORPORATION By: oel-r-C. L� Ray . Dillon, President •�� e"fF � err }. ;_ ' :j 1 n tea' LJ ■ r = .1 • �.: aretary r. •`•`'" `o:,`'-'`'`[`�"v,r ACKNOWLEDGMENT 4��LL,CJF 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. Rayless Rowe being the President and Secretary, respectively, of DELTIC TIMBER CORPORATION and who had been designated by said DELTIC TIlVIBER CORPORATION to execute the above instrument, to me personally well known, who stated they were the President and Secretary of said DELTIC TRvIBER 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 day of .1r .2006. "NOTARY SEAT Lana Cobb, Notary Public Union County, State of Arkansas VY 'Commission Expires 3/01/12 My Commission Expires: 3/m/l1.:2- CA\V1ND0WS\TEMPWcwP6=.pd -�� Notary Public Reviewed cnly for inclusion of minimum standards require;: by the City of Little Rock subdivision regulations. Bill of Assurer= provisicns established by tiro developer may c=— ed minimum regulation3 cf tho tittte Rock subdivision and zoning ordinances. Ci�bf Little Rock Planning Commission DELTIC TIMBER PURCHASERS, INC. By. Ilea &' Ray d. Dillon, President ACKNOWLEDGMENT 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 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 -4e/�day of " . 2006. "NOTARY SEAL" Lana Cobb, Notary Public y Union County, State of Arkansas My Commission Expires 3/01/12 My commission expires: 'EZ�///.2— CAWINDOWSUEMMeurp6m.wpd —10— NOTARY PUBLIC CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS 77 FINAL PLAT NAME CHENAL VALLEY SEZANNE COURT L-1-55 B-12S T-A B C D E B-125 INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance + — with City requirements/standards. !� Certain improvements remain uncompleted and a punch list has been prepared and sent. Ver-i-r,c,aL. 1301C Engineering Specialist Date: ADDRESSING SPECIALIST'S REPORT I have nevi ed the plat and find that the street names and street configuration are acceptable. �— Addressing Specialist Date: t5 TRAFFIC ENGINEER R ORT I have reviewed the plat and find that: All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for billing to developer: Certain improvements remain uncompleted and a punch list has been prepared and sent. /V D -r CA-7 VL Traffic Engineer Date: CIVIL ENGINEER REPORT I haver viewed the file for this matter and find that: The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. All other requirements for final plat approval have been satisfied.V"— e3� l )- � l Civil Engineer I/II Date: SURVEYOR'S REPORT I have reviewed the plat and find that: All requirement alpglat approval have been satisfied. Surveyor MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. cam,, —, V—u• ✓ �' Date: t01 1 310L Design Review Engineer/Civil Engineering Manager July 2005 Date: — City of Little Rock Planning and Development Filing Fees Date; 213n!L_ Annexation Board of Adjustment Cond. Use Permit/T.U.P. Final Plat Planned Unit Dev. Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number -rats, a. Public Hearing Signs Number at ea. Total File No. Location�..d- eL r tiu.� Applieant