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Prepared by: Friday,
Eldredge & Clark
Mr. James Clark
400 W. Capitol Ave.
2000 Regions Bldg.
Little Rock, AR 72201
BILL OF ASSURANCE
2012079563 Received: 12/4/2012 1.32:24 PM
Recorded: 12104/2012 01:37:32 PM Filed &
Recorded in Official Records cF Larry Crane,
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $70.00
KNOW ALL MEN BY THESE PRESENTS: �1 4r
THAT, WHEREAS, DELTIC TIMBER CORPORATION, a Delaware corporation
(hereinafter called "Deltic"), is the owner of the following property:
PART OF THE NW1/4 OF SECTION 27, T-2-N, R-14-W, LITTLE ROCK, PULASKI
COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF TRACT A, BLOCK 98, CHENAL
VALLEY, AN ADDITION TO THE CITY OF LITTLE ROCK,ARKANSAS, SAID CORNER
LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF CHENAL VALLEY DRIVE;
THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE
FOLLOWING: (1) N57°49'04"W, 17.89 FT.; (2) NORTHERLY ALONG THE ARC OF A
542.96 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF
N46°37'13"W, 210.87 FT.; (3) N35°25'23"W, 561.70 FT. AND (4) NORTHERLY ALONG THE
ARC OF A 542.96 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND
DISTANCE OF N21030'08"W, 260.10 FT. TO THE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE BEING THE ARC OF A
542.96 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF
NO3°49'55"W, 77.19 FT.; THENCE N00°27'17"E CONTINUING ALONG SAID EASTERLY
RIGHT-OF-WAY LINE, 76.66 FT.; THENCE SOUTHEASTERLY ALONG THE ARC OF A
25.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF
S50007'26"E, 39.35 FT.; THENCE EASTERLY ALONG THE ARC OF A 350.00 FT. RADIUS
CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S83059'38"E, 69.74
FT.; THENCE S78°16'34"E, 119.29 FT.; THENCE EASTERLY ALONG THE ARC OF A
225.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF
N75020'06"E, 200.01 FT.; THENCE N48°56'47"E, 99.64 FT.; THENCE EASTERLY ALONG
THE ARC OF A 325.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND
DISTANCE OF N63006'44"E, 159.07 FT.; THENCE NORTHEASTERLY ALONG THE ARC
OF A 25.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE
OF N30013'22"E, 36.60 FT.; THENCE N16°49'57"W, 20.65 FT.; THENCE NORTHERLY
ALONG THE ARC OF A 57.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD
BEARING AND DISTANCE OF N07°20'44"W, 18.79 FT.; THENCE NO2°08'30"E, 63.63 FT.;
THENCE NORTHERLY ALONG THE ARC OF A 188.00 FT. RADIUS CURVE TO THE
LEFT, A CHORD BEARING AND DISTANCE OF N07°20'44"W, 61.97 FT.; THENCE
N16049'57"W, 103.46 FT.; THENCE NORTHWESTERLY ALONG THE ARC OF A 25.00 FT.
RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N78°24'05"W,
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43.97 FT.; THENCE N49°58'12"W, 45.00 FT.; THENCE N40'01'48"E, 62.02 FT.; THENCE
NORTHERLY ALONG THE ARC OF A 25.00 FT. RADIUS CURVE TO THE LEFT, A
CHORD BEARING AND DISTANCE OF N11035'55"E, 23.81 FT.; THENCE N16°49'57"W,
17.06 FT.; THENCE NORTHERLY ALONG THE ARC OF A 125.00 FT. RADIUS CURVE
TO THE LEFT, A CHORD BEARING AND DISTANCE OF N25°02'22"W, 35.69 FT.;
THENCE N33014'48"W, 75.20 FT.; THENCE S40'01'48"W, 576.94 FT.; THENCE
S68°16'20"W, 145.33 FT. TO A POINT ON THE SAID EASTERLY RIGHT-OF-WAY LINE
OF CHENAL VALLEY DRIVE; THENCE NORTHERLY ALONG SAID EASTERLY
RIGHT-OF-WAY LINE BEING THE ARC OF A 480.00 FT. RADIUS CURVE TO THE
LEFT, A CHORD BEARING AND DISTANCE OF N19°41'49"W, 330.73 FT.; THENCE
N50013'01 "E, 279.29 FT.; THENCE N40001'48"E, 457.59 FT.; THENCE N09°51'22"W, 25.91
FT.; THENCE N80°08'38"E, 210.00 FT.; THENCE S09051'22"E, 229.95 FT.; THENCE
S33014'48"E, 196.54 FT.; THENCE S22046'29"E, 204.99 FT.; THENCE S16049'57"E, 274.33
FT.; THENCE S72029'49"W, 10.81 FT.; THENCE WESTERLY ALONG THE ARC OF A
425.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF
S79052'58"W, 109.27 FT.; THENCE S02043'52"E, 50.00 FT.; THENCE WESTERLY ALONG
THE ARC OF A 475.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND
DISTANCE OF S89013'43"W, 32.49 FT.; THENCE S03026'56"W, 100.37 FT.; THENCE
N86033'04"W, 41.12 FT.; THENCE WESTERLY ALONG THE ARC OF A 225.00 FT.
RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S71°11'51 "W,
170.40 FT.; THENCE S48056'47"W, 99.64 FT.; THENCE WESTERLY ALONG THE ARC OF
A 325.00 FT. RADIUSCURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF
S75°20'06"W, 288.90 FT.; THENCE N78016'34"W, 119.29 FT.; THENCE WESTERLY
ALONG THE ARC OF A 250.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING
AND DISTANCE OF N84001'38"W, 50.10 FT.; THENCE SOUTHWESTERLY ALONG THE
ARC OFA 25.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND
DISTANCE OF S41009'24"W, 37.77 FT. TO THE POINT OF BEGINNING, CONTAINING
11.7116 ACRES MORE OR LESS.
Chenal Valley an Addition to the City of Little Rock.Arkansas (the "Miramar Place
Neighborhood"); and
WHEREAS, the Miramar Place 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 (i) Miramar Place Property Owners
Association, Inc. for the purpose of administering the maintenance of the common area and
amenities in the Miramar Place Neighborhood and (ii) 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 Miramar Place Neighborhood are required to be
members of the Miramar Place Property Owners Association, Inc. as provided for herein and
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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 Miramar
Place 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 ,
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 ('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 109 Chenal
Valley, an addition to the City of Little Rock, Arkansas" (herein "tract" or "Tract"), are hereby
donated and dedicated by Deltic to the owners, as they may exist from time to time, of lots
within the Miramar Place Neighborhood with the right to use these areas as easements for
utility,drainage, pedestrian paths, trails and landscaping subject to prior written approval of
Deltic or its successors or assigns. The Miramar Place Property Owners Association, Inc. shall
maintain such areas and improvements at its sole cost. ADDITIONALLY, DELTIC HEREBY
GRANTS TO THE PUBLIC UTILITIES, AFTER RECEIVING WRITTEN CONSENT FROM
DELTIC AND MIRAMAR PLACE PROPERTY OWNERS ASSOCIATION, THE RIGHT TO
USE THOSE PORTIONS OF THESE AREAS WITHIN SAID TRACTS SPECIFICALLY
DESIGNATED AND IDENTIFIED BY DELTIC AND MIRAMAR PLACE PROPERTY
OWNERS ASSOCIATION, INC. FOR UTILITY AND DRAINAGE EASEMENTS
PROVIDED SUCH IMPROVEMENTS ARE MAINTAINED BY SAID PUBLIC UTILITIES.
No improvements by any party shall be placed on the areas designated as Tracts A, B, C and D,
Block109, Chenal Valley, an addition to the City of Little Rock, Arkansas, unless first approved
by the appropriate agencies of the City of Little Rock, Deltic, Miramar Place 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").
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PRIOR TO THE COMMENCEMENT OF ANY INSTALLATION OF UTILITIES
WITHIN THE UTILITY EASEMENTS REFLECTED ON THE PLAT OR WITHIN TRACTS
A, B, C and D, BLOCK 109, CHENAL VALLEY, AN ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS, THE PUBLIC UTILITIES MUST SUBMIT WRITTEN PLANS AND
SPECIFICATIONS OF THE PROPOSED IMPROVEMENTS TO THE ARCHITECTURAL
CONTROL COMMITTEE OF CHENAL VALLEY FOR REVIEW AND APPROVAL.
ALL UTILITIES TO BE INSTALLED BY PUBLIC UTILITIES AFTER PLATTING
OF THE RIGHTS -OF -WAY MUST BE APPROVED PRIOR TO COMMENCEMENT OF
CONSTRUCTION BY THE PUBLIC WORKS DEPARTMENT OF THE CITY OF
LITTLEROCK AND IF SUBSEQUENTLY INSTALLED IN THE RIGHTS -OF -WAY OR IN
ANY EASEMENT ADJACENT TO THE RIGHTS -OF -WAY SUCH INSTALLATION MUST
BE AT A DEPTH OF AT LEAST 30" BELOW THE ELEVATION OF THE ADJACENT
STREET.
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 12-22, Block 109, Lots
49-57, Block 109,and Tracts A, B, C and D, Block 109, Chenal Valley, an addition to the City of
Little Rock, Arkansas" (herein "lot" or "Lot"), and any and every deed of conveyance of any lot
in the Miramar Place 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 Miramar Place Nei hborhood. Additional lands of Deltic may become
subject to this Bill of Assurance and added to Miramar Place Neighborhood in the following
manner: Deltic shall have the right but not the obligation to bring within the Miramar Place
Neighborhood additional properties, regardless of whether or not said properties are presently
owned by Deltic, as future phases of the Miramar Place Neighborhood, provided that such
additions are in accord with the general plan of development for the Miramar Place
Neighborhood (the "Miramar Place 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 Miramar Place Neighborhood and is
maintained in the office of Deltic and provided such proposed additions, if made, become subject
to assessments of the Miramar Place Property Owners Association, Inc. for their share of
expenses. UNDER NO CIRCUMSTANCES shall this Bill of Assurance or any supplement or
the Miramar Place General Plan bind Deltic to make the proposed additions or to adhere to the
Miramar Place General Plan or any subsequent development plan shown on the Miramar Place
General Plan. Nor shall Deltic be precluded from conveying lands in the Miramar Place 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 Miramar Place
Neighborhood shall be made by filing of record a Supplemental Bill of Assurance with respect to
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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 than Deltic, shall have the right
to subject additional lands to the Miramar Place Neighborhood unless Deltic shall indicate in
writing that such additional lands may be included.
2. Architectural Control. No improvements shall be constructed or maintained upon any
lot and no alteration or repainting to the exterior of any improvement, including, but not limited
to, walls, retaining walls and swimming pools, shall be made and no landscaping performed
unless approved by the 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
109, and all improvements thereon, including but not limited to, golf cart paths, any walls,
lighting, irrigation, private drives and landscaped areas shall be maintained by the Miramar Place
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 Miramar Place
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
Miramar Place Neighborhood shall be deemed to covenant and agree to be a member of Miramar
Place Property Owners Association, Inc. and to pay any assessments, charges and/or special
assessments which may hereinafter be levied by the Miramar Place Property Owners
Association, Inc. for the purpose of promoting the recreation, health, safety and welfare of the
owners within the Miramar Place Neighborhood, in particular for the acquisition, servicing,
improvement and maintenance of common properties, common area and common amenities
within the Miramar Place Neighborhood and facilities which may be hereafter dedicated for use
by Deltic or otherwise acquired by the Miramar Place Property Owners Association. Inc., which
amount together with interest, costs of collection, recording fees, and a reasonable attorney's fee,
shall be a continuing lien upon the lot.
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In lieu of assessments being imposed upon such lots owned by Deltic, Deltic shall
underwrite all reasonable costs for the operation of Miramar Place Property Owners Association,
Inc. not covered by assessments paid by owners of non -Deltic lots 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 at the next annual assessment to the same assessments as non -Deltic lots.
7. Height and Type of Residence. The residences in Miramar Place 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 Miramar Place Neighborhood
other than one detached single-family residence not to exceed two stories in height unless the
Architectural Control Committee has approved in writing a residence of a greater 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 twenty-five (25) 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 eight (8) feet. No principal dwelling shall be located on any lot nearer than twenty-
five (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 setback 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 Miramar Place Neighborhood unless the finished heated living area,
exclusive of porches, patios, garages, breeze ways, exterior stairways, porte 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 Miramar
Place 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.
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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 Miramar Place Neighborhood.
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 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 ❑ erations. 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, mobile 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 Drainage. Easements for the installation,
maintenance, repair and replacement of utility services, sewer and drainage across the front of all
Lots 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.
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The Owner of a Lot is solely responsible for the existing drainage course across his Lot.
The Miramar Place Property Owners Association, Inc. is only responsible for maintenance and
replacement of drainage equipment and facilities existing within the easements granted herein
and described on the Plat that arenot the responsibility of the City of Little Rock,and has no
responsibility for the maintenance and repair of any drainage course or equipment located upon
those areas of the Lot outside the easement.
19. Easements for Pedestrian and Golf Cart Traffic. An access easement located within
Tract D between Lots 53 and 54, Block 109 ("Tract D Access Easement") for pedestrian access
to adjoining neighborhoods is dedicated to the residents of Miramar Place Neighborhood. This
Tract D Access Easement also grants to the residents of Miramar Place Neighborhood who are
members in good standing of Chenal Country Club, Inc. and entitled to golfing privileges the
right to access the golf courses of Chenal Country Club by golf carts. The easements shall be
maintained by Miramar Place Property Owners Association, Inc.
20. Fences Fla-g Poles Tree Houses. 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. No flagpoles or tree houses may be erected or installed on any lot.
21. 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.
22. Froperty 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.
23. 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.
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24. Subdividing Lot. No lot shall be subdivided.
25. _Right to Enforce. The restrictions herein set forth as well as those contained within
the Covenant and Restrictions 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 Miramar Place Neighborhood but not thereafter), the Miramar
Place Property Owners Association, Inc. and also the owner or owners of any of the lots hereby
restricted shall have the right, but not the obligation, 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.
26. Modification of Restrictions. Any and all of the covenants, provisions or restrictions
set forth in this Bill of Assurance may be amended, modified, extended, changed or canceled, in
whole or in part, by a written instrument signed and acknowledged by 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, of the total lots within the Miramar Place Neighborhood. Each
covenant in this instrument, unless expressly provided otherwise, shall remain in full force and
effect until January 1, 2043, 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 Miramar
Place Neighborhood has been recorded prior to the commencement of any ten-year period.
27. Attorney Fee. In any legal or equitable proceeding for the enforcement 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.
28. 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.
29. Extension. All covenants for which extension is not otherwise provided in this
instrument, shall automatically be extended for successive periods of ten (10) years each unless
modified, terminated or canceled as provided herein.
9
F:\home\breudab\jcc\deltic timber\miramar place\Bill of Assurance.112712
30. 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.
Reviewed only for inclusion of minimum standatds
required by the City of We Rock subdivision rogulaliM
Bill of Assurance provisions established by th^
developer may exceed minimum regulations of tho
Little Rack subdivision and zoning ordinances.
f
Wif�J�ittJ8 dock Planning Commission
10
F:\home\brendab\jcc\deltic timbeArniramar place\Bill of Assurance.112712
EXECUTED this 2912-day of �d e&g !L012.
DELTIC TIMBER COR°fPORATION
B y. � C • 'C%�
Ray C. Dillon, President
ATTEST:
JjolrF. AndreWs, Jr., Secret y
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 Jim F. Andrews, Jr.,
to me well known, who stated that they were the President and Secretary, respectively, of
DELTIC TEVMER CORPORATION and were designated and duly authorized in their respective
capacities by said DELTIC TEVIBER CORPORATION 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 ' 2O day
of Yl6yi , 2012.
Notary Pubig
My Commission Expires:
LINDA HARVEY
MY COMMISSION # 12349837
EXPIRES: August 26, 2016
'aKRi s
Union County
11
F:\home\brendab\jcc\deltic timber\miramar place\Bill of Assurance.112712
DELTIC TIMBER PURCHASERS, INC.
Ra C:. Dillon, President
Y
ATTEST:
Ji . Andre.4, Jr., Secretaif
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 Jim F. Andrews, Jr.,
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 TIMBER PURCHASERS, INC. 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 day of
Vkk�a, , 2012.
04',v. qa/*�
Notary Publi
My Commission Expires:
auk r-�. 36J6
LINDA HARVEY
MY COMMISSION # 12349837
EXPIRES: August 26, 2016
'nA,^ UnionCouilly
12
F:\home\brendab\jcc\deltic timber\miramar place\Bill of Assurance.112712
Page 1 of 1
James, Donna
From: Tamara Guffey [tguffey@whitedaters.com]
Sent: Tuesday, November 13, 2012 3:21 PM
To: 'Jim Boyd'; 'Daniel Tull'; 'THOMPSON, THEODIS'; 'Bates, Joni B.'; 'NAJI, ALLISON V'
Cc: Harper, Vance; Floriani, Vince; James, Donna; 'Paul White'
Subject: Miramar Place Final Plat Approval
Attachments: Temp01613.PDF
Attached for your review and approval is a final plat copy of Lots 12-22 & 49-57, Block 109 Miramar Place, Chenal
Valley. The owner of this property intends to file their plat by Wednesday, November 21, 2012. The City of
Little Rock now requires a sign -off from every utility company before the plat can be recorded.
An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to review
and sign off on a paper copy please let me know and we will have one sent to you without delay. Any questions
may be directed to Tim Daters, tdatrs@wh.ite.daters.com or 821-1667.
We appreciate your timely response.
Sincerely,
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
12/3/2012
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Page 1 of 1
Paul White
From:
Tamara Guffey [tguffey@whitedaters.com]
Sent:
Wednesday, November 14, 2012 9:24 AM
To:
'Bates, Joni B.'
Cc:
'Paul White'
Subject: RE: Miramar Place Final Plat Approval
Thanks Joni.
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
From: Bates, Joni B. [mailto:joni.bates@centerpointenergy.com]
Sent: Tuesday, November 13, 2012 4:48 PM
To: Tamara Guffey
Subject: RE: Miramar Place Final Plat Approval
Approved
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Tuesday, November 13, 2012 3:21 PM
To: 'Jim Boyd'; 'Daniel Tull'; THOMPSON, THEODIS'; Bates, Joni B.; 'NAJI, ALLISON V'
Cc: 'Harper, Vance'; 'Floriani, Vince'; 'James, Donna'; 'Paul White'
Subject: Miramar Place Final Plat Approval
Attached for your review and approval is a final plat copy of Lots 12-22 & 49-57, Block 109 Miramar
Place, Chenal Valley. The owner of this property intends to file their plat by Wednesday, November 21,
2012. The City of Little Rock now requires a sign -off from every utility company before the plat can
be recorded.
An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without delay.
Any questions may be directed to Tim Daters, tdaters _ whitedaters.com or 821-1667.
We appreciate your timely response
Sincerely,
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
11/14/2012
Page 1 of 2
Paul White
From: Tamara Guffey [tguffey@whitedaters.com]
Sent: Monday, November 19, 2012 12:07 PM
To: blake.weindorf@carkw.com
Cc: 'Paul White'
Subject: FW: Miramar Place Final Plat Approval
Attachments: Temp01613.PDF
Thank you Blake
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
From: Blake Weindorf[ma iIto: Biake.Weindorf@carkw.com]
Sent: Monday, November 19, 2012 11:35 AM
To: tguffey@whitedaters.com
Subject: FW: Miramar Place Final Plat Approval
No Objections.
Please let me know if I may be of further assistance
Thanks,
Blake F. Weindorf, P.E.
Senior Engineer / New Service Supervisor
Central Arkansas Water
501.377.1224
b lake.weiiidorlaca_rkw.com
From: Daniel Tull
Sent: Thursday, November 15, 2012 4:34 PM
To: Blake Weindorf
Subject: FW: Miramar Place Final Plat Approval
Final plat for you to review
Thank You
Central Arkansas Water
Daniel Tull, Engineering Technician
daniel.tUI I(a,carkw.com
501-377-1245
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Tuesday, November 13, 2012 3:21 PM
To: 'Jim Boyd'; Daniel Tull; 'THOMPSON, THEODIS'; 'Bates, Joni B.'; 'NAJI, ALLISON V'
Cc: 'Harper, Vance'; 'Floriani, Vince'; 'James, Donna'; 'Paul White'
Subject: Miramar Place Final Plat Approval
11/19/2012
Page 1 of 1
Paul White
From:
NAJI, ALLISON V [an0142@att.com]
Sent:
Friday, November 30, 2012 2:41 PM
To:
'Paul White'
Cc:
'Tim Daters'
Subject: RE: CHENAL VALLEY- MIRAMAR FINAL PLAT
AT&T approves the Miramar Final Plat as of 11/30/12.
Thanks,
Allison Naji
AT& T-Arkansas
Mgr. OSP Planning & Engineering Design
1111 W. Capitol, Room 465
Little Rock, AR 72201
(501)373-1168
From: Paul White [mailto:pwhite@whitedaters.com]
Sent: Friday, November 30, 2012 1:39 PM
To: NAJI, ALLISON V
Subject: CHENAL VALLEY- MIRAMAR FINAL PLAT
Allison, take a look at the attached. See if I got all the easements you needed? Thanks
Paul White, PLS
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
12/3/2012
,
City of Little Rock
Planning and Development .
Filing Fees 2012 1
.
Date , 24 t)=
Annexation
`' LI
Board of Adjustment
$
Cond Use Permit/T U P
$
Final Plat
Planned Unit Dev
$
Preliminaiy Plat
$
Special Use Permit
$
Rezoning
$
Site Plans
$
Street Name Change
$
Street Name Signs
Number__, _at— ea
$ ajj .&I-b
Public Hearing Signs
Number —at —ea
$
Total
$ )
File No