HomeMy WebLinkAboutS-0867-GGGGGGG ApplicationPrepared by • James C . Clark, Jr. 2008068775 Received: 9/3012008 9:21:03 AM
Friday, Eldredge & Clark Attys Recorded: 09/30/2008 C19:28:45 AM Filed &
400 W. Capitol Ave . , Suite 2000 Recorded in Cfficiai Records of PAT O'BRIEN.
Little Rock, AR 72201 PULAS-KI COUNTY CIRCUITICOUNTY CLERK
Fees $'70.00
BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
r�J`rAZZ
11sr1 M1111 ",
THAT, WHEREAS, DELTIC TIMBER CORPORATION, a Delaware corporation
(hereinafter called "Deltic"), is the owner of the following property: _
CHENAL VALLEY, PHASE 34 -Pka+ 4� Z L?fU O �w-
PART OF THE W1/2 OF SECTION 35, T-2-N, R-14-W, LITTLE ROCK, PULASKI
COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 45, BLOCK 9, CHENAL
VALLEY, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, BEING
ALSO THE SOUTHEAST CORNER OF THE W1/2 SE1/4 NW1/4, SAID SECTION 35;
THENCE N88039'55"W ALONG THE SOUTH LINE OF SAID W1/2 SE1/4 NW1/4,
660.36 FT. TO THE SOUTHWEST CORNER THEREOF; THENCE NO1°55'57"E ALONG
THE WEST LINE OF THE SE 1/4 NW 1/4, 1308.92 FT. TO THE NORTHWEST CORNER
THEREOF; THENCE N88004'24"W ALONG THE SOUTH LINE OF THE NW 1/4 NW 1/4,
SAID SECTION 35, 576.59 FT.; THENCE N27°33'44"E, 10.53 FT.; THENCE
NORTHERLY ALONG THE ARC OF A 320.00 FT. RADIUS CURVE TO THE LEFT, A
CHORD BEARING AND DISTANCE OF N17008'04"E, 115.84 FT.; THENCE
N06042'24"E, 132.99 FT.; THENCE NORTHERLY ALONG THE ARC OF A 245.00 FT.
RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF
NO2°57'19"E, 32.06 FT.; THENCE N00°47'47"W, 103.62 FT.; THENCE NORTHERLY
ALONG THE ARC OF A 380.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD
BEARING AND DISTANCE OF N18°11'08"E, 247.20 FT. TO THE SOUTHEAST
CORNER OF TRACT B, BLOCK 125, SAID CHENAL VALLEY; THENCE N37°11'01"E
ALONG THE EAST LINE OF SAID TRACT B, 303.62; THENCE NORTHWESTERLY
ALONG SAID EAST LINE OF TRACT B, BEING THE ARC OF A 38.71 FT. RADIUS
CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N18°00' 18"W, 61.07
FT. TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE CHENAL VALLEY
DRIVE; THENCE S67°49'08"E ALONG SAID SOUTH RIGHT-OF-WAY LINE, 364.69
`FT.; THENCE SOUTHEASTERLY CONTINUING ALONG SAID SOUTH RIGHT-OF-
WAY LINE, BEING THE ARC OF A 924.93 FT. RADIUS CURVE TO THE RIGHT, A
CHORD BEARING AND DISTANCE, OF S52035'36"E, 485.82 FT.; THENCE S37°22'04"E
CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, 218.62 FT. TO THE
NORTHERNMOST CORNER OF TRACT A, BLOCK 12, SAID CHENAL VALLEY;
1
C:\Documents and Settings\MegrebUzcal Settings\Temporary Intemet Fi1es\Content.IE5\OTMV05AN\Bi11 of Assurancevg.doc
THENCE S52037'56"W ALONG THE WESTERLY LINE OF SAID TRACT A AND
ALONG THE WESTERLY LINE OF LOTS 10 AND 9, SAID BLOCK 12, 380.00 TO THE
SOUTHWEST CORNER OF SAID LOT 9; THENCE S37°22'04"E ALONG THE
SOUTHERLY LINE OF SAID LOT 9 AND ALONG THE SOUTHERLY LINE OF LOTS
8, 7, 6, 5 AND 4, SAID BLOCK 12, 833.95 FT. TO THE SOUTHERNMOST CORNER OF
SAID LOT 4; THENCE S28°53'08"E ALONG THE SOUTHERLY LINE OF LOTS 3 AND
1, SAID BLOCK 12, 352.00 FT. TO THE SOUTHWEST CORNER OF SAID LOT 1;
THENCE S57°46'37"E, 83.10 FT. TO THE NORTHERNMOST CORNER OF LOT 6,
BLOCK 7, SAID CHENAL VALLEY; THENCE S44°26'13"W ALONG THE WEST LINE
OF SAID LOT 6 AND ALONG THE WEST LINE OF LOT 7 AND TRACT E, SAID
BLOCK 7,578.43 FT. TO THE POINT OF BEGINNING, CONTAINING 39.2218 ACRES
MORE OR LESS.
Chenal Valley an Addition to the City of Little Rock. Arkansas (the "Accadia Court Neighborhood");
and
WHEREAS, the Accadia 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 (i) Accadia Court Property Owners
Association, Inc. for the purpose of administering the maintenance of the common area and
amenities in the Accadia Court 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 Accadia Court Neighborhood are required to be
members of the Accadia 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 Accadia 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,
2
CADocuments and Settings\MegreMLocal Settings\Temporary Intemet Fi1es\Content.1E5\0TMV05AN\Bi11 of AssuranceAdoc
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 and C, Block 126, 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 Accadia Court Neighborhood with the
right to use these areas for utility, drainage, landscape trails, and pedestrian paths and the Accadia
Court 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 ACCADIA COURT PROPERTY
OWNERS ASSOCIATION, THE RIGHT TO USE THOSE PORTIONS OF THESE AREAS
WITHIN SAID TRACTS SPECIFICALLY DESIGNATED AND IDENTIFIED BY DELTIC AND
ACCADIA 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
and C, Block 126, Chenal Valley, an addition to the City of Little Rock, Arkansas, unless first
approved by the appropriate agencies of the City of Little Rock, Accadia 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").
PRIOR TO THE COMMENCEMENT OF ANY INSTALLATION OF UTILITIES WITHIN
THE UTILITY EASEMENTS REFLECTED ON THE PLAT OR WITHIN TRACTS A, B AND C,
BLOCK 126, 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 LITTLE ROCK
1
H:\Chenal-RedOak\POAs\Accadia Court\Bill of Assurance - Execution Copy.doc
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 1-32, Block 126 and Tracts
A, B and C, Block 126, Chenal Valley, an addition to the City of Little Rock, Arkansas", and any and
every deed of conveyance of any lot in the Accadia 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 Accadia Court Neighborhood. Additional lands of Deltic may become
subject to this Bill of Assurance and added to Accadia Court Neighborhood in the following manner:
Deltic shall have the right but not the obligation to bring within the Accadia Court Neighborhood
additional properties, regardless of whether or not said properties are presently owned by Deltic, as
future phases of the Accadia Court Neighborhood, provided that such additions are in accord with
the general plan of development for the Accadia Court Neighborhood (the "Accadia 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 Accadia Court Neighborhood and is maintained in the office of Deltic and provided such
proposed additions, if made, become subject to assessments of the Accadia Court Property Owners
Association, Inc. for their share of expenses. UNDER NO CIRCUMSTANCES shall this Bill of
Assurance or any supplement or the Accadia Court General Plan bind Deltic to make the proposed
additions or to adhere to the Accadia Court General Plan or any subsequent development plan shown
on the Accadia Court General Plan. Nor shall Deltic be precluded from conveying lands in the
Accadia 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 Accadia 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 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 Accadia
Court Neighborhood unless Deltic shall indicate in writing that such additional lands may be
included.
4
H:\Chenal-RedOak\POAs\Accadia Cour[\BW of Assurance - Execution Copy.doc
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 and C, Block 126,
and all improvements thereon, including but not limited to, any walls, lighting, irrigation, private
drives and landscaped areas shall be maintained by the Accadia Court Property Owners Association,
Inc. except for public utility improvements which are maintained by such public utilities.
5. Delegation of Author. Deltic has caused the formation of the Accadia 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 Accadia
Court Neighborhood shall be deemed to covenant and agree to be a member of Accadia Court
Property Owners Association, Inc. and to pay any assessments, charges and/or special assessments
which may hereinafter be levied by the Accadia Court Property Owners Association, Inc. for the
purpose of promoting the recreation, health, safety and welfare of the owners within the Accadia
Court Neighborhood, in particular for the acquisition, servicing, improvement and maintenance of
common properties, common area and common amenities within the Accadia Court Neighborhood
and facilities which may be hereafter dedicated for use by Deltic or otherwise acquired by the
Accadia 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 Accadia Court 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.
5
H:\Chenal-RedOak\POAs\Accadia Court\Bill of Assurance - Execution Copy.doc
7. Height and Type of Residence. The residences in Accadia 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 Accadia Court 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 Reg 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 (With the exception
of Lots 1, 2 and 31, all front building lines are 25 ft. Part of lots 1 and 2, as shown on the Plat, shall
have a 30 ft. front building setback line and Lot 31 as shown on the Plat shall have a 60 ft. front
building setback line); 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 Accadia Court 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 S . Ft.
All Lots 2,600 3,000
Finished heated living area shall be measured in a horizontal plane to the face of the outside
wall on each level.
10. Frontaize of Residence on Streets. Any residence erected on any lot in the Accadia 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
6
H:\Chenal-RedOak\POAs\Accadia Court\Bill of Assurance - Execution Copy.doc
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 Accadia Court 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. ail and Mineral Dperations. 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 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.
7
H:\Chenal-RedOak\POAs\Accadia Court\Bill of Assurance - Execution Copy.doc
The Owner of a Lot is solely responsible for the existing drainage course across his Lot. The
Accadia Court 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 are not 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. Landsca a Easement on Lots 1 and 30. Deltic hereby grants to Accadia Court Property
Owners Association, Inc. a perpetual landscape easement to construct, maintain, install and replace
landscaping and related improvements, at its sole cost, upon that portion of Lots 1 and 30, Block
126, Chenal Valley, an addition to the City of Little Rock, Arkansas reflected on the Plat as
Landscaping and Utility Easement. No trees, shrubbery, incinerators, structures, buildings, fences or
similar improvements shall be built or maintained by the Owner of Lot 1 or Lot 30 within the area of
such easement without prior written consent of the Accadia Court Property Owners Association, Inc.
20. Fences, Flag 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. PropM Lines and BOLIIIdaries. 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.
M.
H:\Chenal-RedOak\POAS\Accadia Court\Bill of Assurance - Execution Copy.doc
23. Dri vewav 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.
24. Subdividing Lot. No lot shall be subdivided.
25. Gordan Road and Chenal Valley Drive. Vehicular access to any lot from Gordon Road
or Chenal Valley Drive is prohibited.
26. EASEMENT FOR PRIVATE DRIVE. A PRIVATE DRIVE AND UTILITY
EASEMENT FOR LOTS 29, 30, 31 AND 32, BLOCK 126 WITHIN THE ACCADIA COURT
NEIGHBORHOOD IS SHOWN ON THE PLAT ("30' PRIVATE DRIVE AND UTILITY
EASEMENT") OVER TRACT C, BLOCK 126 AND LOT 31, BLOCK 126.
SUCH EASEMENT IS HEREBY DEDICATED AS A UTILITY EASEMENT AND A
PRIVATE ACCESS EASEMENT FOR VEHICULAR TRAFFIC SOLELY TO THE OWNERS,
THEIR HEIRS, SUCCESSORS AND ASSIGNS, OF LOTS 29, 30, 31 AND 32, BLOCK 126.
THE 30' PRIVATE DRIVE LOCATED WITHIN THE 30' PRIVATE DRIVE AND
UTILITY EASEMENT SHALL BE MAINTAINED BY THE ACCADIA COURT PROPERTY
OWNERS ASSOCIATION, INC.
27. PROHIBITED ACCESS TO LOTS 31 AND 32. INGRESS AND EGRESS TO LOTS
31 AND 32, BLOCK 126 OVER ITS NORTHERN BOUNDARY (THAT PORTION OF THE
LOTS ADJACENT TO CHENAL VALLEY DRIVE) IS PROHIBITED, NOT PERMITTED AND
IS UNAVAILABLE. THE SOLE ACCESS TO LOTS 31 AND 32, BLOCK 126 SHALL BE OVER
THE 30' PRIVATE DRIVE AND UTILITY EASEMENT REFLECTED ON THE PLAT.
28. 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 Accadia Court Neighborhood but not thereafter), the Accadia 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 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.
W
H:\Chenal-RedOak\POAs\Accadia Court\Bill of Assurance - Execution Copy.doc
29. 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 Accadia Court Neighborhood. Each covenant in this
instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1,
2038, 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 Accadia Court Neighborhood has been
recorded prior to the commencement of any ten-year period.
30. 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.
31. 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.
32. 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.
33. 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 2- Xday of 2008.
Attes
Phillip A. Pe s k, Secretary
DELTIC T ER CORPO ATION
By:
Ray C.Pillon, President
10
H:\Chena1-Red0ak\P0As\Accadia Court\Bill of Assurance - Execution Copy.doc
Revimad only fpr inclusion Of minimum standards
requirs�4 by G`e Gity of Urja Rock subdivision regvlatiany.
Bill of Assurance provisicns tstabiished by thn
developer may exooed minir\um regulations of tho
t iole Flock subdivision and zoning ordinances.
ty of Little Rock Planning Commission
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 Phillip A. Pesek being the
President and Secretary, respectively, of DELTIC TIMBER CORPORATION and who had been
designated by said DELTIC TBIBER CORPORATION to execute the above instrument, to me
personally well known, who stated they were the President and Secretary of said DELTIC TB BER
CORPORATION and were duly authorized in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said DELTIC TEVMER 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 9X124 day of
dffil^, 2008.
*Nn4tary bli
My Commission Expires:
¢7/1. A014
LINDA HARVEY
rr':;_
MY COMMISSION # 12349837
El
EXPIRES: August 26, 2016
['
Union County
11
HAChena1-RedOak\POAs\Accadia Court\Bill of Assurance - Execution Copy.doc
DELTIC ;7ER PURCHASERS, INC.
By: �.
Ray C. illon, President
Phillip A. Pese'k, 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 Phillip A. Pesek being the
President and Secretary, respectively, of DELTIC TDvIBER 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 TEVIBER
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 TDABER 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 ay-!j
day of
2008.
[, '
NOT Y PUBLIC
y commission expires:
'.4&J'At A4. ad/1.
{ , •.,,
LINDA HARVEY
MY COMMISSION # 12349837
EXPIRES; August 26, 2016
12
HAChena1-Red0ak\P0As\Accadia Court\Bill of Assurance - Execution Copy.doc
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME —CHENAL VALLEY ACCADIA COURT LOTS 1-32 BLK-26 TRACTS A.B.C.BLK126
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.
r Engineering Specialist Date: 9 2 S-O y
ADDRESSING SPECIALIST'S REPORT
21h e reLir the street names and street configuration are acceptable.
Addressing Specialist Date:
TRAFFIC ENGINEER REPORT
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 and street lights.
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. 1
Traffic Engineer Date: e 4zqk
1995— 5-1PVC P)Az e.Po'T
CIVIL ENGINEER REPORT
I have reviewed 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.
i
Civil Engineer I/II Date: 9 )Z-9 loy
SURVEYOR'S REPORT
I have reviewed the plat and find that:
All requiremen or i lat approval have been satisfied.
U
Surveyor
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
Date: /Ze7-�a
Design Review Engineer/Civil Engineering Manager
February 2007
Date: U
/xs
Page 1 of 1
James, Donna
From:
Jim Boyd Dim.boyd@lrwu.com]
Sent:
Tuesday, August 05, 2008 10:32 AM
To:
Adam Daters
Cc:
James, Donna
Subject: RE: Chenal Valley Phase 34 Plat
Sewer service is not available to this property at this time.
James Boyd, P.E.
Engineering Supervisor
Little Rock Wastewater
#ii Clearwater Drive
Little Rock, AR 72204
Office 501-688-1414
Mobile 501-352-0390
email jim.boyd@lrwu.com
From: Adam Daters[mailto:adaters@whitedaters.com]
Sent: Tuesday, August 05, 2008 9:38 AM
To: Chris Keathley; Jim Boyd; Joni Bates; Marie Dugan; Theodis Thompson
Cc: 'Brian Dale'; 'Paul White'
Subject: Chenal Valley Phase 34 Plat
Attached is a plat for review and approval. Please let us know if you have any questions. An email response or
signed copy sent 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. The owner of this property
intends to file their plat by August 19, 2008. If we d❑ not receive an email or hear from you in reference to the
attached plat by August 19, 2008, we will assume that no additional easements will be required.
We appreciate your timely response.
Sincerely,
Adam C. Daters, PE
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 621-1668
E. adaters@whrtedatemoom
8/6/2008
Page I of 2
Timothy E. Daters
From: Tim Daters [tdaters@whitedaters.com]
Sent: Wednesday, September 24, 2008 4:56 PM
To: 'THOMPSON, THEODIS'
Subject: RE: Chenal Valley Phase 34 Plat
Theodis,
All of the work will fall in the street row or the adjacent tracts which can be used for utilities.
Tim
From: THOMPSON, THEODIS [mailto:TTHOMPI@entergy.com]
Sent: Wednesday, September 24, 2008 10:32 AM
To: Timothy E. Daters
Subject: RE: Chenal Valley Phase 34 Plat
Tim,
The only area where we might need an additional easement is the north side of Accadia Drive. This is where we
will run conductor and set transformers on one side of the street and run services across the street. If the conduit
that was installed is in the street right of way then no additional easement is required. If it is outside the street
right of way then additional easements are required. See the attachment.
Theodis
-----Original Message -----
From: Tim Daters [mailto:tdaters@whitedaters.com]
Sent: Wednesday, September 24, 2008 9:31 AM
To: Marie.Dugan@CArkW.com; THOMPSON, THEODIS; 'Jim Boyd'; 'Bates, Joni B.'; 'Chris Keathley'
Cc: lynda.pal mer@att.com; 'NAJI, ALLISON V (ATTSWBT)'; 'Dave Meghreblian'; 'Tom Russell'; 'James,
Donna'; 'Paul White'; 'Brian Dale'; Adam Daters
Subject: FW: Chenal Valley Phase 34 Plat
Deltic has completed the improvements in this subdivision and wants to record the plat today. No one has
indicated that they require any additional easements. Please send me an email confirming that you need
no additional easements.
Thank you.
Tim Daters
From: Adam Daters [mailto:adaters@whitedaters.com]
Sent: Tuesday, August 05, 2008 9:38 AM
To: Chris Keathley (ck0826@att.com); Jim Boyd Uim.boyd@lrwu.com); Joni Bates
(Joni.bates@CenterPointEnergy.com); Marie Dugan (marie.dugan@carkw.com); Theodis Thompson
(TTHOMPI@entergy.com)
Cc: 'Brian Dale'; 'Paul White'
Subject: Chenal Valley Phase 34 Plat
Attached is a plat for review and approval. Please let us know if you have any questions. An email
response or signed copy sent 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.
The owner of this property intends to file their plat by August 19, 2008. If we do not receive an email or
hear from you in reference to the attached plat by August 19, 2008, we will assume that no additional
easements will be required.
We appreciate your timely response.
9/29/2008
Page 1 of 1
Adam Daters
From: NAJI, ALLISON V (ATTSWBT) [an0142@att.com]
Sent: Friday, September 26, 2008 3:07 PM
To: Adam Daters
Subject: RE: CV 34 REV PLAT
Plan is approved by AT&T as of 9/26/08.
AlCuon Na#
AT& T Arkansas
Design Engineer
(501)373-1168
From: Adam Daters [mailto:adaters@whitedaters.com]
Sent: Thursday, September 25, 2008 11:45 AM
To: NAJI, ALLISON V (ATTSWBT)
Subject: CV 34 REV PLAT
Allison,
Attached is the revised plat, please let me know if you need any additional information to sign off on this plat.
Thanks.
Adam
Adam C. Daters, PE
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
R (501) 821-1667
F: (501) 821-1668
E: adaters@_whitedaters.com
9/29/2008
Page 1 of 1
Timothy E. Daters
From: Jim Boyd Dim.boyd@lrwu.com]
Sent: Wednesday, September 24, 2008 1:43 PM
To: James, Donna
Cc: Timothy E. Daters
Subject: Chenal Valley Phase 34
Donna,
LRW is fine with filling this plat as long as they put some language in their letter to you
bonding continued work that includes the clean up of the sewer.
James Boyd, P.E.
Engineering Supervisor
Little Rock Wastewater
#11 Clearwater Drive
Little Rock, AR 72204
Office 501-688-1414
Mobile 501-352-0390
email jim.boyd@lrwu.com
9/29/2008
City of Little Rock
PIanning and Development
Filing Fees d
Date l 1� , 2009
Annexation
$
Board of Adjustment
$
Cond Use Permit/T UP
$
Final Plat
$
Planned Unit Dev
$
Preliminaiy Plat
$
Special Use Permit
$
Rezoning
$
Site Plans
g
Street Name Change
$
Street Name Signs
Numbed at ea
$ ? 5
Public Hearing Signs
Number at ea
$
Total $
File No
Location
Applipant u-- tU
By 4 1 D