HomeMy WebLinkAboutS-0867-KKKKKKK ApplicationCity of Little Rock
Planning and Development
Filing Fees
Date l 20
Annexation
$
Board of Adjustment
$
Cond Use Permit/T U P
$
Final Plat
$
Planned Unit Dev
$
Preliminaiy Plat
$
Special Use Permit
$
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Rezoning
$
Site Plans
$
Street Name Change
$
Street Name Signs
Number- L_at /1��ea
$ 1-7�71 CIZ)
Public Hearing Signs
Number at ea
$
Total $ C-) —
File No
1
2009075892 Received: 11112/2009 9:04:49 AM
Recorded: 11/12/2009 09:10:03 AM Filed &
Recorded in Official Records of PAT O'BRIEN.
This instrument prepared by: , PULASKI COUNTY CIRCUITICOUNTY CLERK
Jim Clark Fees $70.00
Friday, Eldredge & Clark, LLP
2000 Regions Center
400 West Capitol Avenue
Little Rock, AR 72201
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: 2Z�0
PART OF THE W1/2 OF SECTION 16, T-2-N, R-14-W, LITTLE ROCK, PULASKI COUNTY,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 6, BLOCK 75, CHENAL VALLEY,
AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE S 84'01'31 "E, 63.80
FT. TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF CHALAMONT DRIVE; THENCE
NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE BEING THE ARC OF A 185.50 FT.
RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N18°50'58"E,
82.67 FT. TO THE POINT OF BEGINNING; THENCE NORTHERLY CONTINUING ALONG
SAID EAST RIGHT-OF-WAY LINE THE FOLLOWING: (1) NORTHEASTERLY ALONG THE
ARC OF A 185.50 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND
DISTANCE OF N32047'22"E, 6.90 FT.; (2) NORTHEASTERLY ALONG THE ARC OF A 18.75
FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N45°59'09"E,
7.88 FT.; (3) NORTHEASTERLY ALONG THE ARC OF 188.00 FT. RADIUS CURVE TO THE
RIGHT, A CHORD BEARING AND DISTANCE OF N73°36'55"E, 100.47 FT.; (4) N04°00'50"W,
50.14 FT.; (5) NORTHWESTERLY ALONG THE ARC OF A 188.00 FT. RADIUS CURVE TO
THE RIGHT, A CHORD BEARING AND DISTANCE OF N74004'07"W, 98.88 FT.; (6)
NORTHWESTERLY ALONG THE ARC OF A 18.75 FT. RADIUS CURVE TO THE RIGHT, A
CHORD BEARING AND DISTANCE OF N49002'25"W, 6.37 FT.; (7) NORTHWESTERLY
ALONG THE ARC OF A 185.50 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING
AND DISTANCE OF N21021'14"W, 114.06 FT.; (8) N03026'56"W, 129.15 FT. AND (9)
NORTHERLY ALONG THE ARC OF A 1402.40 FT. RADIUS CURVE TO THE RIGHT, A
CHORD BEARING AND DISTANCE OF N09044'25"E, 639.96 FT.; THENCE S62029'38"E,
707.65 FT. TO A POINT ON THE WEST LINE OF THE PULASKI COUNTY SPECIAL SCHOOL
DISTRICT PROPERTY; THENCE S03°07'47"W ALONG SAID WEST LINE, 683.24 FT.;
THENCE S89°48'03"W, 215.80 FT.; THENCE N00°11'57"W, 15.91 FT.; THENCE S89°48'03"W,
127.47 FT.; THENCE S00025'18"E, 10.09 FT.; THENCE S89026'21"W, 126.96 FT.; THENCE
S00033'39"E, 36.95 FT.; THENCE S89°26'21"W, 181.31 FT.; THENCE N00034'28"W, 57.55 FT.
TO THE POINT OF BEGINNING, CONTAINING 13.6784 ACRES MORE OR LESS.
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RIGHT-OF-WAY DEDICATION
TOURNAY CIRCLE AND TOURNAY COURT
PART OF THE W1/2 OF SECTION 16, T-2-N, R-14-W, LITTLE ROCK, PULASKI COUNTY,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 6, BLOCK 75, CHENAL VALLEY,
AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE S 84'01'31 "E, 63.80
FT. TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF CHALAMONT DRIVE; THENCE
NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE BEING THE ARC OF A 185.50 FT.
RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N18°50'58"E,
82.67 FT.; THENCE S00°34'28 "E, 57.55 FT.; THENCE N89°26'21 "E,131.31 FT. TO THE POINT
OF BEGINNING; THENCE N89°26'21 "E, 50.00 FT.; THENCE S00°33'39"E, 411.19 FT.; THENCE
EASTERLY ALONG THE ARC OF A 125.78 FT. RADIUS CURVE TO THE LEFT, A CHORD
BEARING AND DISTANCE OF N89037'12"E, 251.56 FT.; THENCE N00°11'57"W, 442.31 FT.;
THENCE N89°48'03"E, 50.00 FT.; THENCE S00°11'57"E, 442.31 FT.; THENCE
SOUTHWESTERLY ALONG THE ARC OF A 175.78 FT. RADIUS CURVE TO THE RIGHT, A
CHORD BEARING AND DISTANCE OF S26°53'39"W, 160.12 FT.; THENCE
SOUTHWESTERLY ALONG THE ARC OF A 25.00 FT. RADIUS CURVE TO THE LEFT, A
CHORD BEARING AND DISTANCE OF S 16.1 P51 "W, 30.64 FT.; THENCE S21°35'33"E, 75.79
FT.; THENCE SOUTHEASTERLY ALONG THE ARC OF A 25.00 FT. RADIUS CURVE TO
THE LEFT, A CHORD BEARING AND DISTANCE OF S45°41'14"E, 20.41 FT.; THENCE
SOUTHWESTERLY ALONG THE ARC OF A 50.00 FT. RADIUS CURVE TO THE RIGHT, A
CHORD BEARING AND DISTANCE OF S68024'27"W, 66.67 FT.; THENCE NORTHERLY
ALONG THE ARC OF A 25.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING
AND DISTANCE OF N02030'09"E, 20.41 FT.; THENCE N21°35'33"W, 75.79 FT.; THENCE
NORTHWESTERLY ALONG THE ARC OF A 25.00 FT. RADIUS CURVE TO THE LEFT, A
CHORD BEARING AND DISTANCE OF N59022'57"W, 30.64 FT.; THENCE
NORTHWESTERLY ALONG THE ARC OF A 175.78 FT. RADIUS CURVE TO THE RIGHT, A
CHORD BEARING AND DISTANCE OF N48052'00"W, 262.51 FT.; THENCE N00°33'39"W,
411.19 FT. TO THE POINT OF BEGINNING, CONTAINING 1.8256 ACRES MORE OR LESS
Chenal Valley, an Addition to the City of Little Rock. Arkansas (the "Tournay Circle
Neighborhood"); and
WHEREAS, the Tournay Circle 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
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WHEREAS, Deltic has caused to be incorporated (i) Tournay Circle Property Owners
Association, Inc. for the purpose of administering the maintenance of the common area and
amenities in the Tournay Circle 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 Tournay Circle Neighborhood are required to be
members of the Tournay Circle Property Owners Association, Inc. as provided for herein and
members of Chenal Valley Property Owners Association, Inc. as provided for in the Covenants and
Restrictions; and
WHEREAS, it is deemed advisable that all of the property shown on the plat hereinafter
mentioned, be subdivided into building lots, tracts and streets as shown on the plat filed herewith and
that said property be held, owned and conveyed subject to the protective covenants herein contained
and the Covenant and Restrictions in order to enhance the value of the Tournay Circle
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 October _, 2009, 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 and B, Block 68, 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 Tournay Circle Neighborhood with
the right to use these areas for utility, drainage, landscape trails, and pedestrian paths and the
Tournay Circle 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 TOURNAY CIRCLE PROPERTY
OWNERS ASSOCIATION, THE RIGHT TO USE THOSE PORTIONS OF THESE AREAS
WITHIN SAID TRACTS SPECIFICALLY DESIGNATED AND IDENTIFIED BY DELTIC AND
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TOURNAY CIRCLE 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
and B, Block 68, Chenal Valley, an addition to the City of Little Rock, Arkansas, unless first
approved by the appropriate agencies of the City of Little Rock, Tournay Circle 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 AND B,
BLOCK 68, 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
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— 23 and 47, Block 68, Lots
1-10, Block 69, Lots 26-33, Block 69 and Tracts A and B, Block 68, Chenal Valley, an addition to
the City of Little Rock, Arkansas", and any and every deed of conveyance of any lot in the Toumay
Circle 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 Tournay Circle Neighborhood. Additional lands of Deltic may become
subject to this Bill of Assurance and added to Tournay Circle Neighborhood in the following
manner: Deltic shall have the right but not the obligation to bring within the Tournay Circle
Neighborhood additional properties, regardless of whether or not said properties are presently owned
by Deltic, as future phases of the Tournay Circle Neighborhood, provided that such additions are in
accord with the general plan of development for the Tournay Circle Neighborhood (the "Toumay
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Circle 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 Toumay Circle Neighborhood and is maintained in the office of Deltic and
provided such proposed additions, if made, become subject to assessments of the Tournay Circle
Property Owners Association, Inc. for their share of expenses. UNDER NO CIRCUMSTANCES
shall this Bill of Assurance or any supplement or the Tournay Circle General Plan bind Deltic to
make the proposed additions or to adhere to the Toumay Circle General Plan or any subsequent
development plan shown on the Tournay Circle General Plan. Nor shall Deltic be precluded from
conveying lands in the Tournay Circle 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 Tournay Circle 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 Tournay Circle 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 and B, Block 68, and all
improvements thereon, including but not limited to, any walls, lighting, irrigation, private drives and
landscaped areas shall be maintained by the Tournay Circle 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 Tournay Circle 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.
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CAD cinncns and Scnin A Ate^reb al tting]Lemporary Imeme I ReMCQn tent.M7 MK11 of Assur :ree I .d
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 Toumay
Circle Neighborhood shall be deemed to covenant and agree to be a member of Tournay Circle
Property Owners Association, Inc. and to pay any assessments, charges and/or special assessments
which may hereinafter be levied by the Tournay Circle Property Owners Association, Inc. for the
purpose of promoting the recreation, health, safety and welfare of the owners within the Toumay
Circle Neighborhood, in particular for the acquisition, servicing, improvement and maintenance of
common properties, common area and common amenities within the Tournay Circle Neighborhood
and facilities which may be hereafter dedicated for use by Deltic or otherwise acquired by the
Tournay Circle 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 Tournay Circle 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 Tyo of Residence. The residences in Tournay Circle 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 Tournay Circle 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 Requirements. No residence shall be located on any lot nearer to the front lot line
or the side street line than the minimum building setback lines shown on the Plat; provided, such
setback requirements may be modified if such modification is approved by the Architectural Control
Committee, the Little Rock Planning Commission or the Little Rock Board of Adjustment, and such
other regulatory agency as may succeed to their functions. No building shall be located nearer to an
interior lot side line than seven (7) 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 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 Tournay Circle 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:
6
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One Story Multi -Story
Lot Number Minimum S . F€. Minimum Sg. Ft.
All Lots 1,800 2,200
Finished heated living area shall be measured in a horizontal plane to the face of the outside
wall on each level.
10. LOTS 1 AND 47. BLOCK 68 ACCESS. LOTS 1 AND 47, BLOCK 68, SHALL HAVE
VEHICULAR ACCESS TO SUCH LOTS SOLELY FROM THE EAST SIDE OF SAID LOTS
AND BE SUBJECT TO A FIFTEEN FOOT (15') LANDSCAPE AND UTILITY EASEMENT AS
REFLECTED ON THE PLAT.
11. Frontage of Residence on Streets. Any residence erected on any lot in the Tournay Circle
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.
12. 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 Toumay Circle Neighborhood.
13. 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.
14. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any
lot, nor shall any garbage, trash, rubbish, tree limbs, pine straw, leaves or cuttings, ashes or other
refuse be thrown, placed or dumped upon any vacant lot, street, road or common areas, nor on any lot
unless placed in a container suitable for garbage pickup; nor shall anything ever be done which may
be or become an annoyance or nuisance to the neighborhood.
15. Oil and Mineral Operations. No oil drilling, oil development operating, oil refining,
quarrying or mining operations of any kind shall be permitted upon or in any building site or lot, nor
shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building site
or lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any building site or lot.
16. Cesspool. No leaching cesspool shall ever be constructed or used on any lot.
7
C:U)ac ens and ScifingsWepmbEocni Seuin slTem [niernc� Fi2es%Content.IIi514R1Bii of Assurance 1.
17. 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.
18. Temporary Structure. No trailer, basement, tower, tent, shack, garage, barn or other
outbuilding other than a guest house and servants quarters erected on a lot 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.
19. 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.
The Owner of a Lot is solely responsible for the existing drainage course across his Lot. The
Toumay Circle 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.
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,
8
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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. 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.
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.
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 Tournay Circle Neighborhood but not thereafter), the Tournay Circle 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.
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 Tournay Circle Neighborhood. Each covenant in this
instrument, unless expressly provided otherwise, shall remain in full force and effect until January 1,
2040, 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
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then owners of seventy-five percent (75%) of the lots in the Toumay Circle 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.
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.
10
CADOCII McIns and Sctiin wt al Sadne 1 e Inl met M leslOon(cm. [Ea4TU7SP RWII of ur=ce PI 1Aoc
EXECUTED this 26`' day of October, 2009.
DELTIC TIMBER CORPORATION
By: - 4 e-4&'
Ray ClDillon, President
E Attes .
Phillip A. 1' ek, 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 TIMBER CORPORATION and who had been
designated by said DELTIC TIMBER CORPORATION to execute the above instrument, to me
personally well known, who stated they were the President and Secretary of said DELTIC TEVIBER
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
2009.
My Commission Expires:
�: >?LINUA HARVEY
=.= M1rrTv?"_ MY COMMISSION # 12349837
K? = EXPIRES: August 26, 2016
�K"Kyrr Union County
11
u !id 5et1in lPe klraca! tiin sIT lntemet File I LK64113iIi 9f uran c,
Notary Pu is
Reviewed only for irckrsion of minimum standard
required by the City of little Rock subdivision regu!aft"s
Bill of Assurance provisions established tsy tho
developer mey MOO minimum regulations of tha
Little Rock subdivision and zoning ordinances.
011 �, --- .� 1l b-Z-'(6
i of Little Rock Planning Commission
DELTIC TUVIBER PURCHASERS, INC.
By /}
1 6- JIL -
Ray qDillon, President
�- lAtte r \
Phillip A. Pk;ek, 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 TDABER PURCHASERS, INC. and who had been
designated by said DELTIC TEABER PURCHASERS, INC. to execute the above instrument, to me
personally well known, who stated they were President and Secretary of said DELTIC MMER
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 TEMBER 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 dG� day of
2009.
NO ARY PURL
y commission expires:
I:[/".,j '1..-;�Oic'
LINDA HARVEY
MY COMMISSION # 12349837
EXPIRES: August 26, 2016
Union Countv
12
gMoeurnents qnd lnterner Fi1cs%0LK64%Bi11 of Assurnnce.doc
Page 1 of 1
Paul White
From: Brian Dale [bdale@whitedaters.com]
Sent: Thursday, October 15, 2009 3:49 PM
To: 'James, Donna'; pwhite@whitedaters.com
Subject: FW: Chenal Valley, Phase 18G - Final Plat
From Arkla
B
From: Bates, Joni B. [mailto:joni.bates@centerpointenergy.com]
Sent: Thursday, October 15, 2009 3:32 PM
To: Brian Dale
Subject: RE: Chenal Valley, Phase 18G - Final Plat
Approved
From: Brian Dale [mailto:bdale@whitedaters.com]
Sent: Wednesday, October 14, 2009 2:35 PM
To: 'Chris Keathley'; 'Jim Boyd'; Bates, Joni B.; 'Marie Dugan'; Theodis Thompson'; 'Hill, Richard'
Cc: pwhite@whitedaters.com; 'James, Donna'
Subject: Chenal Valley, Phase 18G - Final 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 October 23, 2009. The City of Little Rock now
requires a sign -off from every utility company before the plat can be recorded. If you have any
questions, please contact us as soon as possible in order to expedite the process.
We appreciate your timely response.
Sincerely,
Brian Dale
10/15/2009
Page 1 of 1
Paul White
From:
bdale@whitedaters.com
Sent:
Wednesday, October 14, 2009 5:39 PM
To:
Paul White; Donna James
Subject: Fw: Chenal Valley, Phase 18G - Final Plat
See below from Entergy. B
"Sent via B1ackBerry."
From: "THOMPSON, THEODIS" <TTHOMPI@entcrgy.com>
Date: Wed, 14 Oct 2009 17:30:59 -0500
To: Brian Dale<bdale@whitedaters.com>
Subject: RE: Chenal Valley, Phase 18G - Final Plat
Brian,
Everything is ok as far as Entergy is concerned.
Thanks
Theodis
-----Original Message -----
From: Brian Dale [mailto:bdale@whitedaters.com]
Sent: Wednesday, October 14, 2009 2:35 PM
To: 'Chris Keathley'; 'Jim Boyd'; 'Joni Bates'; 'Marie Dugan'; THOMPSON, THEODIS; 'Hill, Richard'
Cc: pwhite@whitedaters.com; 'James, Donna'
Subject: Chenal Valley, Phase 18G - Final 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 October 23,
2009. The City of Little Rock now requires a sign -off from every utility company before the
plat can be recorded. If you have any questions, please contact us as soon as possible in order
to expedite the process.
We appreciate your timely response.
Sincerely,
Brian Dale
10/15/2009
Page 1 of 1
Paul White
From: bdale@whitedaters.com
Sent: Thursday, October 15, 2009 6:05 PM
To: Donna James; Paul White
Subject: Fw: Chenal Valley, Phase 18G - Final Plat
See below from CAW. B
"Sent via B1ackBerry."
From: B1ake.Weindorf@CArkW.com
Date: Thu, 15 Oct 2009 16:31:29 -0500
To: Brian Dale<bdale@whitedaters.com>
Subject: Re: Chenal Valley, Phase 18G - Final Plat
APPROVED.
Please let me know if I may be of further assistance.
Thanks,
Blake F. Weindorf, P.E.
Senior Engineer
Central Arkansas Water
501.377.1224
501.210.4980 (fax)
blake.weindorf@carkw.com
From: "Brian Dale" <bdale@whitedaters.com>
To: :::Chris Keathley"' cek0826@att.com>, "'Jim Boyd"' <jim.boyd@lrwu com>, "'Joni Bates"' <joni bates@CenterPointEnergy com>,
Marie Dugan"' <rnarie dugan@carkw.com>, "'Theodis Thompson"' <TTHOMPI@entergy.com>, "'Hill, Richard
<Richard_Hi112@cable.comcast com>
Cc: <pwhite@whitedaters.com>, "'James, Donna"' <DJames@littlerock.org>
Date: 10/14/2009 02:25 PM
Subject: Chenal Valley, Phase 18G - Final 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 October 23, 2009. The City of Little Rock now
requires a sign -off from every utility company before the plat can be recorded. If you have any
questions, please contact us as soon as possible in order to expedite the process.
We appreciate your timely response.
Sincerely,
Brian Dale
(attachment "CV - Tournay Place.PDF" deleted by Blake Weindorf/CAW]
10/16/2009
Page 1 of 1
Paul White
From: Brian Dale [bdale@whitedaters.com]
Sent: Wednesday, October 21, 2009 2:39 PM
To: pwhite@whitedaters.com; 'James, Donna'
Subject: FW: Chenal Valley, Phase 18G - Final Plat
Attachments: CV - Tournay Place.PDF
ATT Approves, see below.
B
From: NAJI, ALLISON V (ATTSWBT) [mailto:an0142@att.com]
Sent: Wednesday, October 21, 2009 2:22 PM
To: Brian Dale
Subject: FW: Chenal Valley, Phase 18G - Final Plat
Importance: High
This plat has been reviewed and approved by AT&T.
Thanks,
Allison Naji
AT&T -Arkansas
Mgr. OSP Planning & Engineering Design
1111 W. Capitol, Room 465
Little Rock, AR 72201
(501)373-1168
From: Brian Dale [mailto:bdale@whitedaters.com]
Sent: Wednesday, October 14, 2009 2:35 PM
To: KEATHLEY, CHRIS (ATTSWBT); 'Jim Boyd'; 'Joni Bates'; 'Marie Dugan'; 'Theodis Thompson'; 'Hill,
Richard'
Cc: pwhite@whitedaters.com; 'James, Donna'
Subject: Chenal Valley, Phase 18G - Final 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 October 23, 2009. The City of Little Rock now
requires a sign -off from every utility company before the plat can be recorded. If you have any
questions, please contact us as soon as possible in order to expedite the process.
We appreciate your timely response.
Sincerely,
Brian Dale
10/21 /2009
Page 1 of 2
Timothy E. Daters
From:
Jim Boyd Dim.boyd@lrwu.com]
Sent:
Wednesday, November 11, 2009 8:58 AM
To:
'James, Donna'
Cc:
Timothy E. Daters; 'Brian Dale'
Subject:
FW: Chenal Valley, Phase 18G - Final Plat
Attachments: Temp06460.PDF
LRW has no objection to this plat — all easements have been shown and service has been provided to
all lots within the platted area.
James Boyd, P.E.
Engineering Supervisor
Little Rock Wastewater
#11 Clearwater Drive
Little Rock, AR 72204
Office 5o1-688-1414
Mobile 501-352-0390
email jim.boyd@lrwu.com
From: Brian Dale [ma i Ito: bdale@wh itedaters.com]
Sent: Friday, October 16, 2009 11:19 AM
To: Jim Boyd
Cc: pwhite@whitedaters.com; 'James, Donna'
Subject: RE: Chenal Valley, Phase 18G - Final Plat
Jim,
Paul asked me to send you the attached.
He would prefer to "plat" your easements instead of doing a document easement.
Let us know your thoughts.
B
From: Jim Boyd [mailto:jim.boyd@lrwu.com]
Sent: Thursday, October 15, 2009 10:30 AM
To: 'Brian Dale'
Cc: pwhite@whitedaters.com; 'James, Donna'; Howell Anderson; Randy Taylor
Subject: RE: Chenal Valley, Phase 18G - Final Plat
Brian,
Got three problems that need to be addressed and solved before I can sign off on plat:
1. LRW thought Chenal Valley 18G was platted when sewer was installed — We have no
easements for the lines not in this plat — easements will have to be written, approved by us,
recorded, and a recorded copy given to me before I can sign off on this plat
2. Lot 6 & 7 Block 68 need a easement in rear (Probably five foot) for existing sewer main
3. Lots 1 & 4 Block 69 do not appear to have sewer service — when you moved lot lines around
you missed the sewer services shown on as builts — need new service lines installed or move lot
lines
Let me know what you find out and if I am wrong let me know (It Happens)
James Boyd, P.E.
Engineering Supervisor
11/11/2009
Page 1 of 2
James, Donna
From: bdale@whitedaters.com
Sent: Thursday, October 15, 2009 6:05 PM
To: James, Donna; Paul White
Subject: Fw: Chenal Valley, Phase 18G - Final Plat
See below from CAW. B
"Sent via B1ackBerry."
From: B1ake.Weindorf@CArkW.com
Date: Thu, 15 Oct 2009 16:31:29 -0500
To: Brian Dale<bdale@whitedaters.com>
Subject: Re: Chenal Valley, Phase 18G - Final Plat
APPROVED.
Please let me know if I may be of further assistance.
Thanks,
Blake F. Weindorf, P.E.
Senior Engineer
Central Arkansas Water
501.377.1224
501.210.4980 (fax)
blake.weindorf@carkw.com
From "Brian Dale" <bdale@whitedaters.com>
To. Chris Keathley"' <ck0826@att.com>, "'Jim Boyd"' <jim.boyd@lrwu.com>, "'Joni Bates"' <joni.bates@CenterPointEnergy.com>, "'Marie
Dugan"' <marie.dugan@carkw.com>, "'Theodis Thompson"' <TTHOMP1@entergy.com>, "'Hill, Richard
<Richard_Hi112@cable.comcast.com>
Cc: <pwhite@whitedaters.com>, "'James, Donna"' <DJames@littlerock.org>
Date: 10/14/2009 02:25 PM
Subject: Chenal Valley, Phase 18G - Final 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 October 23, 2009. The City of Little Rock now requires a sign -off from every utility
company before the plat can be recorded. If you have any questions, please contact us as soon as possible in
order to expedite the process.
10/ 16/2009
Page 2 of 2
We appreciate your timely response.
Sincerely,
Brian Dale
[attachment "CV - Tournay Place.PDF" deleted by Blake Weindorf/CAW]
10/16/2009
Page 1 of 1
James, Donna
From: Brian Dale [bdale@whitedaters.com]
Sent: Thursday, October 15, 2009 3:49 PM
To: James, Donna; pwhite@whitedaters.com
Subject: FW: Chenal Valley, Phase 18G - Final Plat
From Arkla
B
From: Bates, Joni B. [mailto:joni.bates@centerpointenergy.com]
Sent: Thursday, October 15, 2009 3:32 PM
To: Brian Dale
Subject: RE: Chenal Valley, Phase 18G - Final Plat
Approved
From: Brian Dale [mailto:bdale@whitedaters.com]
Sent: Wednesday, October 14, 2009 2:35 PM
To: 'Chris Keathley'; 'Jim Boyd'; Bates, Joni B.; 'Marie Dugan'; Theodis Thompson'; 'Hill, Richard'
Cc: pwhite@whitedaters.com; 'James, Donna'
Subject: Chenal Valley, Phase 18G - Final 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 October 23, 2009. The City of Little Rock now requires a sign -off from every utility
company before the plat can be recorded. If you have any questions, please contact us as soon as possible in
order to expedite the process.
We appreciate your timely response.
Sincerely,
Brian Dale
10/ 16/2009
Page 1 of 1
James, Donna
From: bdale@whitedaters.com
Sent: Wednesday, October 14, 2009 5:39 PM
To: Paul White; James, Donna
Subject: Fw: Chenal Valley, Phase 18G - Final Plat
See below from Entergy. B
"Sent via B1ackBerry."
From: "THOMPSON, THEODIS" <TTHOMPI@entergy.com>
Date: Wed, 14 Oct 2009 17:30:59 -0500
To: Brian Dale<bdale@whitedaters.com>
Subject: RE: Chenal Valley, Phase 18G - Final Plat
Brian,
Everything is ok as far as Entergy is concerned.
Thanks
Theodis
-----Original Message -----
From: Brian Dale [ma i Ito: bdale@wh itedaters.com]
Sent: Wednesday, October 14, 2009 2:35 PM
To: 'Chris Keathley'; 'Jim Boyd'; 'Joni Bates'; 'Marie Dugan'; THOMPSON, THEODIS; 'Hill, Richard'
Cc: pwhite@whitedaters.com; 'James, Donna'
Subject: Chenal Valley, Phase 18G - Final 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 October 23, 2009. The City of Little Rock now
requires a sign -off from every utility company before the plat can be recorded. If you have any
questions, please contact us as soon as possible in order to expedite the process.
We appreciate your timely response.
Sincerely,
Brian Dale
10/15/2009
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME — Chenal Valley, Tournal Circle and Tburna ' Court
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.
Engineering Specialist Date: 0 / D
ADDRESSING SPECIALIST'S REPORT
Ave re iewe d fi th tree mes and street configuration are acceptable.
Addressing Specialist Date: 1 g ��1�0
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.
7 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.
Traffic Engineer Date: �Z
C5�-14uE7 po
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.
Lt-�— Civil Engineer I/II Date: 1112 /01
SURVEYOR'S REPORT _
I have reviewed the plat and find that: / tx t'
p V A,lj (C K � S 62. J VACN-rzaAj
All requirements for final plat approval have been satisfied.
Surveyor Date:
MANAGER APPROVAL
All iviI Engineering requirements for filing this final plat have been satisfied.
v Date:
Design Review Engineer/Civil Engineering Manager
February 2007