HomeMy WebLinkAboutS-0867-GGGGGGGG ApplicationIIIII�UII��AIII�lllllllllll�lll 2016065731
PRESENTED: 10-18-201609:g2:49AM RECORDED: 10-18-2016 10:21:30 AM
In Official Records of Larry Crane Circuit/County Clerk
PULASKI CO, AR FEE $65.00
BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
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THAT, WHEREAS, DELTIC TIMBER CORPORATION, a Delaware corporation
(hereinafter called "Deltic"), is the owner of the following property:
PART OF THE SE1/4 OF SECTION 27, T-2-N, R-14-W, LITTLE ROCK,
PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT
78, BLOCK 96, CHENAL VALLEY, AN ADDITION TO THE CITY OF
LITTLE ROCK, ARKANSAS; THENCE S78°52'42"W, 113.34 FT. TO THE
POINT OF BEGINNING; THENCE S61 °20'41 "E, 122.89 FT.; THENCE
S60°56'53"E, 11.80 FT.; THENCE S57°19'50"E, 95.80 FT.; THENCE
S50°53'19"E, 95.80 FT.; THENCE S44°26'48"E, 95.80 FT.; THENCE
S40°49'45"E, 11.80 FT.; THENCE S38°35'04"E, 89.18 FT.; THENCE
S44°19'04"E, 75.35 FT.; THENCE S53°45'49"E, 118.51 FT.; THENCE
S43 °22'48 "E, 100.31 FT.; THENCE S 13'42'51 "W, 197.92 FT.; THENCE
S68°08'41"W, 180.15 FT.; THENCE S72°21'19"W, 108.56 FT.; THENCE
S 12° 19' 15 "E, 54.74 FT.; THENCE S 13 °40'34"E, 69.96 FT.; THENCE
S07°08'03"E, 56.21 FT.; THENCE S00°36'52"W, 56.21 FT.; THENCE
S02°06'42"W, 87.13 FT. TO A POINT ON THE NORTH RIGHT-OF-WAY
LINE OF CHENAL VALLEY DRIVE, BEING 30.00 FT. FROM THE
CENTERLINE THEREOF; THENCE N87°53'18"W ALONG SAID NORTH
RIGHT-OF-WAY LINE, 322.48 FT.; THENCE NO2°06'42"E, 215.00 FT.;
THENCE N59016'58"W, 22.38 FT.; THENCE N28°51'43"W, 77.80 FT.;
THENCE N43039'43"W, 81.20 FT.; THENCE N45051'51"W, 822.42 FT.;
THENCE N44008'09"E, 122.31 FT.; THENCE WESTERLY ALONG THE ARC
OF A 50.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND
DISTANCE OF S86"40'00"W, 26.35 FT.; THENCE N18036'39"W, 50.00 FT.;
THENCE EASTERLY ALONG THE ARC OF A 100.00 FT. RADIUS CURVE
TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S82°43"31'E,
87.31 FT.; THENCE S44°08'09"E, 131.83 FT.; THENCE S45°51'51"E, 255.00
FT.; THENCE N44°08'09"E, 175.01 FT.; THENCE N78019'04"E, 159.46 FT. TO
THE POINT OF BEGINING, CONTAINING 17.3447 ACRES MORE OR
LESS,
Chenal Valley an Addition to the City of Little Rock. Arkansas (the "Ensbury Place
Neighborhood"); and
WHEREAS, the Ensbury 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) Ensbury Place Property Owners
Association, Inc. for the purpose of administering the maintenance of the common area and
amenities in the Ensbury 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 Ensbury Place Neighborhood are required to be
members of the Ensbury Place 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 Ensbury
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 Daniel Havner, 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 certain easements for drainage or utilities as reflected more particularly on the Plat
which Deltic hereby donates and dedicates said utility easements to and for the use of public
utilities ("Public Utilities"), in accordance with further terms and conditions of this Bill of
Assurance, 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.
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The use of the areas designated on the Plat as "Tracts A and B, Block 101, and Tract A,
Block 102, Chenal Valley, an addition to the City of Little Rock, Arkansas" (herein "tract" or
"Tract"), is hereby donated and dedicated by Deltic to the owners, as they may exist from time to
time, of lots within the Ensbury Place Neighborhood with the right, subject to further terms and
conditions of the Plat and this Bill of Assurance, to use these areas for landscaping. The Ensbury
Place Property Owners Association, Inc. shall maintain such areas and improvements at its sole
cost. No improvements by any party shall be placed on the areas designated as Tracts A and B,
Block 101, and Tract A, Block 102, 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,
Ensbury 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").
The use of the areas designated on the Plat as Tracts C, E, F and G, Block 101, and Tract B,
Block 102, Chenal Valley, an addition to the City of Little Rock, Arkansas, (herein "tract" or "Tract")
is hereby donated and dedicated by Deltic to the owners, as they may exist from time to time, of lots
within the Ensbury Place Neighborhood with the right, subject to further terms and conditions of the
Plat and this Bill of Assurance, to use these areas for drainage, storm drainage overflow and
landscaping. The Ensbury Place Property Owners Association, Inc. shall maintain such above
ground areas and improvements at its sole cost. The City of Little Rock, Arkansas shall maintain,
replace and repair all underground improvements. No improvements by any party shall be placed on
the areas designated as Tracts C, E, F and G, Block 101, Chenal Valley, an addition to the City of
Little Rock, Arkansas, unless first approved by Deltic, the appropriate agencies of the City of Little
Rock, Arkansas, Ensbury Place Property Owners Association, Inc. and the Architectural Control
Committee.
The use of the area designated on the Plat as Tract D, Block 101, Chenal Valley, an addition
to the City of Little Rock, Arkansas, (herein "tract" or "Tract") is hereby donated and dedicated by
Deltic to the owners, as they may exist from time to time, of lots within the Ensbury Place
Neighborhood with the right, subject to further terms and conditions of the Plat and this Bill of
Assurance, to use this area for drainage, storm drainage overflow and landscaping. The Ensbury
Place Property Owners Association, Inc. shall maintain such areas and improvements at its sole cost.
No improvements by any parry shall be placed on the area designated as Tract D, Block 101, Chenal
Valley, an addition to the City of Little Rock, Arkansas, unless first approved by Deltic, the
appropriate agencies of the City of Little Rock, Arkansas, Ensbury Place Property Owners
Association, Inc. and the Architectural Control Committee.
PRIOR TO THE COMMENCEMENT OF ANY INSTALLATION OF UTILITIES
WITHIN THE UTILITY EASEMENTS OR TRACTS REFLECTED ON THE PLAT, 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.
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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. DELTIC, ITS SUCCESSORS OR ASSIGNS, HAS NO DUTY TO MAINTAIN,
REPAIR OR REPLACE ANY UTILITIES.
DELTIC, ITS SUCCESSORS OR ASSIGNS, HAS NO DUTY TO MAINTAIN,
REPAIR OR REPLACE ANY IMPROVEMENTS LOCATED WITHIN THE TRACTS. ALL
COSTS ASSOCIATED WITH ANY SUCH MAINTENANCE, REPAIR OR REPLACEMENT
OF LANDSCAPING TREATMENTS, DRAINAGE AND STORM DRAINAGE OVERFLOW,
TO THE EXTENT THE CITY OF LITTLE ROCK, ARKANSAS IS NOT RESPONSIBLE, IS
THE SOLE AND EXCLUSIVE RESPONSIBILITY OF THE ENSBURY PLACE PROPERTY
OWNERS ASSOCIATION, INC.
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 I and 21-53, Block 101,
Lots 11-21, Block 102, and Tracts A, B, C, D, E, F and G, Block 101, and Tracts A and B, Block
102, 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 Ensbury 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 Ensbury Place Neighborhood. Additional lands of Deltic may become
subject to this Bill of Assurance and added to Ensbury Place Neighborhood in the following
manner: Deltic shall have the right but not the obligation to bring within the Ensbury Place
Neighborhood additional properties, regardless of whether or not said properties are presently
owned by Deltic, as future phases of the Ensbury Place Neighborhood, provided that such
additions are in accord with the general plan of development for the Ensbury Place
Neighborhood (the "Ensbury 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 Ensbury Place Neighborhood and is
maintained in the office of Deltic and provided such proposed additions, if made, become subject
to assessments of the Ensbury Place Property Owners Association, Inc. for their share of
expenses. UNDER NO CIRCUMSTANCES shall this Bill of Assurance or any supplement or
the Ensbury Place General Plan bind Deltic to make the proposed additions or to adhere to the
Ensbury Place General Plan or any subsequent development plan shown on the Ensbury Place
General Plan. Nor shall Deltic be precluded from conveying lands in the Ensbury Place General
Plan not subject to this Bill of Assurance or any supplement free and clear of this Bill of
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Assurance or any supplement thereto. Any additional phases added to the Ensbury Place
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 Ensbury 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, D, E, F and
G, Block 101, and Tracts A and B, Block 102, and all improvements thereon, including but not
limited to, lighting, irrigation and landscaped areas shall be maintained by the Ensbury Place
Property Owners Association, Inc. to the extent the City of Little Rock, Arkansas is not
responsible, and except for public utility improvements which are maintained by such public
utilities.
5. Delegation of Authority. Deltic has caused the formation of the Ensbury 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 Obli ation 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
Ensbury Place Neighborhood shall be deemed to covenant and agree to be a member of Ensbury
Place Property Owners Association, Inc. and to pay any assessments, charges and/or special
assessments which may hereinafter be levied by the Ensbury Place Property Owners Association,
Inc. for the purpose of promoting the recreation, health, safety and welfare of the owners within
the Ensbury Place Neighborhood, in particular for the acquisition, servicing, improvement and
maintenance of common properties, common area and common amenities within the Ensbury
Place Neighborhood and facilities which may be hereafter dedicated for use by Deltic or
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otherwise acquired by the Ensbury 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.
In lieu of assessments being imposed upon such lots owned by Deltic, Deltic shall
underwrite all reasonable costs for the operation of Ensbury 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 Ensbury 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 Ensbury 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 Requirements. 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 Ensbury 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:
Lot Number
All Lots
One Story
Minimum Sq. Ft.
2,200
Multi -Story
Minimum Sq.-Ft.
Finished heated living area shall be measured in a horizontal plane to the face of the
outside wall on each level.
IVE
10. Frontage of Residence on Streets. Any residence erected on any lot in the Ensbury
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.
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 Ensbury 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 Operations. No oil drilling, oil development operating, oil refining,
quarrying or mining operations of any kind shall be permitted upon or in any building site, nor
shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building
site. No derrick or other structure designed for use in boring for oil or natural gas shall be
erected, maintained or permitted upon any building site.
15. Cesspool. No leaching cesspool shall ever be constructed or used on any lot.
16. Existing Structure. No existing, erected building, manufactured home, 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, 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
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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 Ensbury Place Property Owners Association, Inc. is only responsible for maintenance and
replacement of drainage equipment and facilities existing within the easements and tracts granted
herein and described on the Plat that are not the responsibility of the City of Little Rock,
Arkansas 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. 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.
20. Sight Line Restrictions. No fence, wall, hedge or shrub planting which obstructs
sight lines at elevations between two and six feet above the roadways, shall be placed or
permitted to remain on any corner lot within the triangular area formed by the street property
lines and a line connecting them at points fifty (50) feet from the intersection of the street lines,
or in the case of a rounded property corner, within the triangle formed by tangents to the curve at
its beginning and end, and a line connecting them at points fifty (50) feet from their intersection.
No tree shall be permitted to remain within such distances of such intersections unless the foliage
line is maintained at a height of at least eight (8) feet to prevent obstruction of such sight lines.
The same sight line limitations shall apply on any lot within ten feet of the intersection of the
street property line with the edge of a driveway or alley pavement.
21. Property Lines and Boundaries. Iron pins have been set on all lot corners and points
of curve and all lot dimensions shown on curves are chord distances, and all curve data as shown
on the Plat filed herewith is centerline curve data. In the event of minor discrepancies between
the dimensions or distances as shown on the Plat and actual dimensions and distances as
disclosed by the established pins, the pins as set shall control.
22. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs
shall be saw cut at driveways with a diamond blade, and driveway grades lowered to meet the
gutter line not more than two inches above the gutter grade.
23. Subdividing Lot. No lot shall be subdivided.
19:11
24. 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 Ensbury Place Neighborhood but not thereafter), the Ensbury
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.
25. Modification of Restrictions. Any and all of the covenants, provisions or restrictions
set forth in this Bill of Assurance may be amended, modified, extended, changed or canceled, in
whole or in part, by a written instrument signed and acknowledged by owner or owners of more
than seventy-five percent (75%), as it may exist at such time, including additions made hereto
pursuant to Paragraph 1 hereof, of the total lots within the Ensbury Place Neighborhood. Each
covenant in this instrument, unless expressly provided otherwise, shall remain in full force and
effect until January 1, 2046, 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 Ensbury
Place Neighborhood has been recorded prior to the commencement of any ten-year period.
26. Attorney Fee. In any legal or equitable proceeding for the enforcement of or to
restrain the violation of this instrument or any provisions thereof, by reference or otherwise, the
prevailing party or parties shall be entitled to attorney fees in such amount as the court finds
reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not
exclusive.
27. Oil Gas and Other Minerals. Deltic Timber Purchasers, Inc., a wholly owned
subsidiary of Deltic, for and in consideration of Ten and No/100 Dollars ($10.00), executes this
Bill of Assurance solely upon the belief that it may own a portion of, gas and minerals except the
coal, sand, clay and gravel in and under the above -described land and hereby subordinates its
interest in the oil, gas and other minerals except coal, sand, clay and gravel to the Bill of
Assurance and pursuant to paragraph fourteen (14) thereof will not engage the use of the surface
in any oil drilling, oil development operating, oil refining, quarrying or mining operations.
28. Extension. All covenants for which extension is not otherwise provided in this
instrument, shall automatically be extended for successive periods of ten (10) years each unless
modified, terminated or canceled as provided herein.
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29. Severability. Invalidation of any restriction set forth herein or any part thereof by
any order, judgment or decree of any court or otherwise, shall not invalidate or affect any of the
other restrictions or any part thereof as set forth herein, but they shall remain in full force and
effect.
EXECUTED this 121'�i day ofd44�� , 2016.
DELTIC TIMBER CORPORATION
By:
D. Mark Leland, Interim President
ATTEST:
psi=;y i s tw: z:s c::�:''�
!Ct1liE�1 itji s
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f' °�'-w.^ ' -V
J F. Andre s, Jr., Secre ary
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ACKNOWLEDGMENT
+�aY,• � �: �d�'a PEzrr��rry rsa~�m�ssia-s
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 D. Mark Leland and Jim F. Andrews,
Jr., to me well known, who stated that they were the Interim President and Secretary,
respectively, of DELTIC TIMBER CORPORATION and were designated and duly authorized in
their respective capacities by said DELTIC TIMBER 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 ,a`'` day of
(VCi 2016.
61-0? OiL�
Notary Publi
My Commission Expires:
DELTIC TIMBER PURCHASERS, INC.
By-
D. AXI,eland, Interim resident
ATTEST:
z�
J' F. Andr , Jr., 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 D. Mark Leland and Jim F. Andrews,
Jr., to me well known, who stated that they were the Interim 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 /o?r day of
C)C, 2016.
(�kl W/��
Notary Publ'
My Commission Expires:
,`�1 VAR),
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�Op,P�
Tamara Guffey
From:
Sent:
To:
Cc:
Subject:
We're OK with this plat.
S. Vincent Hotho, P.E.
Program Supervisor
Little Rock Wastewater Utility
Ofc: 501.688.1452
Mbl: 501.442.6042
Vincent Hotho <Steven.Hotho@lrwu.com>
Tuesday, October 18, 2016 8:58 AM
Tamara Guffey
James, Donna; Carney, Dana
RE: Plat Approval Chenal Valley, Phase 20 Ensbury
From: Tamara Guffey [mailto:tguffey@whitedaters.comj
Sent: Wednesday, October 05, 2016 2:50 PM
To: Vincent Hotho <Steven.Hotho @Irwu.com>; Jason Lowder (Jason. Lowder@carkw.com)
<Jason.Lowder@carkw.com>; 'MANION, JOSEPH E jm4138@att.com' <jm4138@att.com>
Subject: FW: Plat Approval Chenal Valley, Phase 20 Ensbury
Just a reminder!
Thank you
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
From: Tamara Guffey
Sent: Wednesday, September 28, 2016 11:52 AM
To: Vincent Hotho Steven. Hotho Irwu.com <Steven.Hotho@lrwu.com>; Jason Lowder
(Jason.Lowder@carkw.com) <Jason.Lowder@carkw.com>; 'THOMPSON, THEODIS'
<TTHOMPI eater .corn>; 'MANION, JOSEPH E jm4138@att.corn' <im4138@att.com>; 'Bates, Joni B.'
<'oni.bates center ointener .com>
Cc:'James, Donna'<DJames@little rock.org>;'Floriani, Vince' <VFloriani@littlerock.org>; Daniel Havner
<dhavner whitedaters.com>; Timothy Daters <tdaters whitedaters.com>
Subject: Plat Approval Chenal Valley, Phase 20 Ensbury
Attached for your approval is a plat copy of Ensbury Place, Lots 1 and 21-53, Block 101, Lots
11-21, Block 102, Tracts A-G, Block 101 and Tracts A and B, Block 102 Chenal Valley an
addition to the City of Little Rock. The owners of this property would like to file the plat by
Monday October 10, 2016.
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
Tamara Guffey
From: Vincent Hotho <Steven.Hotho@Irwu.com>
Sent: Wednesday, October 05, 2016 3:40 PM
To: Tamara Guffey
Cc: Brian Dale
Subject: RE: Plat Approval Chenal Valley, Phase 20 Ensbury
We need As-Builts and final paperwork on this one.
S. Vincent Hotho, P.E.
Program Supervisor
Little Rock Wastewater Utility
Ofc: 501.688.1452
Mbl: 501.442.6042
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Wednesday, September 28, 2016 11:52 AM
To: Vincent Hotho <Steven.Hotho@lrwu.com>; Jason Lowder (Jason. Lowder@carkw.com)
<Jason.Lowder@carkw.com>; THOMPSON, THEODIS <TTHOMPI@entergy.com>; 'MANION, JOSEPH E
jm4138@att.com' <jm4138@att.com>; Bates, Joni B. <joni.bates@centerpointenergy.com>
Cc: James, Donna <DJames@little rock.org>; Floriani, Vince <VFloriani@littlerock.org>; Daniel Havner
<dhavner@whitedaters.com>; Timothy Daters <tdaters@whitedaters.com>
Subject: Plat Approval Chenal Valley, Phase 20 Ensbury
Attached for your approval is a plat copy of Ensbury Place, Lots 1 and 21-53, Block 101, Lots
11-21, Block 102, Tracts A-G, Block 101 and Tracts A and B, Block 102 Chenal Valley an
addition to the City of Little Rock. The owners of this property would like to file the plat by
Monday October 10, 2016.
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 at
tdaters(@whitedaters.com or Dan Havner at dhavner6d,)whitedaters.corn or 821-1667.
We appreciate your timely response.
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
Tamara Guffey
From: THOMPSON, THEODIS <TTHOMP1@entergy.com>
Sent: Monday, October 17, 2016 10:59 AM
To: Tamara Guffey
Subject: RE: Plat Approval Chenal Valley, Phase 20 Ensbury
Tamara,
Everything looks good,
Thanks
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Monday, October 17, 2016 8:56 AM
To: THOMPSON, THEODIS
Cc: Timothy Daters
Subject: RE: Plat Approval Chenal Valley, Phase 20 Ensbury
Theodis
Please see attached plat with requested easement. Let me know if you need anything else. We are
trying to file this today.
Thank you
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
From: THOMPSON, THEODIS [mailto:TTHOMPI enter .com]
Sent: Friday, September 30, 2016 8:44 AM
To: Tamara Guffey <tg uffey @ whitedaters.corn>
Subject: RE: Plat Approval Chenal Valley, Phase 20 Ensbury
Tamara,
See attached. Entergy will require a 5'x5' easement between lot 53 block 101 and tract "C".
Thanks
Theodis Thompson
From: Tamara Guffey[mailto:tgufFey@whitedaters.com]
Sent: Wednesday, September 28, 2016 11:52 AM
To: Vincent Hotho Steven. Hotho@lrwu.com; Jason Lowder (Jason.Lowder carkw.com); THOMPSON,
THEODIS; 'MANION, JOSEPH E 'm4138 att.com'; Bates, Joni B.
Cc: James, Donna; Floriani, Vince; Daniel Havner; Timothy Daters
Subject: Plat Approval Chenal Valley, Phase 20 Ensbury
EXTERNAL SENDER. DO NOT click links if sender is unknown. DO
NOT provide your user ID or password.
Attached for your approval is a plat copy of Ensbury Place, Lots 1 and 21-53, Block 101, Lots
11-21, Block 102, Tracts A-G, Block 101 and Tracts A and B, Block 102 Chenal Valley an
addition to the City of Little Rock. The owners of this property would like to file the plat by
Monday October 10, 2016.
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 at
tdaters@whitedaters.com or Dan Havner at dhavner@whitedaters.com or 821-1667.
We appreciate your timely response.
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
Tamara Guffey
From: Jason Lowder <Jason.Lowder@carkw.com>
Sent: Tuesday, October 11, 2016 1:12 PM
To: Tamara Guffey
Subject: RE: Plat Approval Chenal Valley, Phase 20 Ensbury
Central Arkansas Water approves with no comments.
Jason Lowder, Engineering Technician
jason.lowder@carkw.com
501-377-1245
era ,i=ccMkn,
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Tuesday, October 11, 2016 10:44 AM
To: Jason Lowder; 'MANION, JOSEPH E jm4138@att.com'
Cc: Timothy Daters
Subject: FW: Plat Approval Chenal Valley, Phase 20 Ensbury
Just a reminder ........Have you had a chance to review the attached plat?
Thank you for your assistance
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
From: Tamara Guffey
Sent: Wednesday, September 28, 2016 11:52 AM
To: Vincent Hotho Steven.Hotho@Irwu.com <Steven.Hotho Irwu.com>; Jason Lowder
(Jason.Lowder @carkw.com) <Jason.Lowder carkw.com>; 'THOMPSON, THEODIS'
<TTHOMPI@entergv.com>; 'MANION, JOSEPH E im4138@att.com' <im4138 att.com>; 'Bates, Joni B.,
<joni.bates@centerpointenergy.com>
Cc:'James, Donna'<DJames@littlerock.o>;'Floriani, Vince' <VFloriani@Iittlerock. >; Daniel Havner
<dhavner@whitedaters.com>; Timothy Daters <tdaters@whitedaters.com>
Subject: Plat Approval Chenal Valley, Phase 20 Ensbury
Attached for your approval is a plat copy of Ensbury Place, Lots 1 and 21-53, Block 101, Lots
11-21, Block 102, Tracts A-G, Block 101 and Tracts A and B, Block 102 Chenal Valley an
addition to the City of Little Rock. The owners of this property would like to file the plat by
Monday October 10, 2016.
Tamara Guffey
From: Jonathan Long <Jonathan.Long@carkw.com>
Sent: Tuesday, October 11, 2016 12:23 PM
To: Tamara Guffey
Subject: Re: Plat Approval Chenal Valley, Phase 20 Ensbury
Approved
Sent from my iPad
On Oct 11, 2016, at 12:03 PM, Tamara Guffey ct uffe whitedaters.com> wrote:
Jonathan I had sent this to Jason for approval and understand this is your area. Can you
please review the attached Chenal Valley Plat?
Thank you for your assistance
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
From: Tamara Guffey
Sent: Wednesday, September 28, 2016 11:52 AM
To: Vincent Hotho Steven.Hotho Irwu.com <Steven.Hotho@lrwu.com>; Jason Lowder
(Jason.Lowder carkw.com) <Jason.Lowder@carkw.com>; 'THOMPSON, THEODIS'
<TTHOMPI enter com>;'MANION, JOSEPH E im41382att.cam' <im4138@att.com>;
'Bates, Joni B.' <ioni.bates@centerpointeneMy.com>
Cc: 'James, Donna' <DJames littlerock.org>;'Floriani, Vince' <VFloriani iittlerock.or >;
Daniel Havner <dhavner@a7whitedaters.com>; Timothy Daters
<tdate rs@whited ate rs.co m>
Subject: Plat Approval Chenal Valley, Phase 20 Ensbury
Attached for your approval is a plat copy of Ensbury Place, Lots 1 and 21-53,
Block 101, Lots 11-21, Block 102, Tracts A-G, Block 101 and Tracts A and B,
Block 102 Chenal Valley an addition to the City of Little Rock. The owners of this
property would like to file the plat by Monday October 10, 2016.
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 at tdaters@Whitedaters.com or Dan Havner at
dhavneri'cDwhitedaters.com or 821-1667.
We appreciate your timely response.
Tamara Guffey
Office Manager
Tamara Guffey
From: Fuentes, Kenneth W <kenneth.fuentes@centerpointenergy.com>
Sent: Thursday, September 29, 2016 4:03 PM
To: Tamara Guffey
Subject: RE: Plat Approval Chenal Valley, Phase 20 Ensbury
Attachments: Temp00391.pdf
Tamara,
I see no conflict with the Ensbury Place plat.
Thanks,
Kenneth W. Fuentes
Engineer I
Southern Gas Operations I Arkansas/Oklahoma Region
401 W. Capitol Ave, Suite 600 1 Little Rock, AR 72201
Office:501-377-4606 1 Fax:501-377-4733 1 Mobile:501-516-9585
.ken neth.Fuentes(ftentereointeneray.cam
CerrtUpoint
bergY
From: Bates, Joni B.
Sent: Wednesday, September 28, 2016 1:50 PM
To: Fuentes, Kenneth W
Subject: Fwd: Plat Approval Chenal Valley, Phase 20 Ensbury
Please review.
Thanks, Joni
Sent from my iPhone
Begin forwarded message:
From: Tamara Guffey <tguffey@,whitedaters.com>
Date: September 28, 2016 at 11:52:09 AM CDT
To: "Vincent Hotho Steven.Hotho@lrwu.com" <Steven.Hotho@lrwu.com>,
"Jason Lowder (Jason_LowderTcar7.carkw.com)" <lason.Lowder4carkw.com>,
"THOMPSON, THEODIS" <TTHOMPI enter .cvm>, "'MANION, JOSEPH
E jm4138�a.att.com"' <jm413$att.com>, "Bates, Joni B."
<ioni.bates cAcenterpointenergy.com>
Cc: "James, Donna" <DJames littlerock.or >, "Florian, Vince"
<VFloriani littlerock.org>, Daniel Havner <dhavner@whitedaters.com>,
"Timothy Daters" <tdatersfcr?,whitedaters.com>
Subject: Plat Approval Chenal Valley, Phase 20 Ensbury
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME: CHENAL VALLEY ENSBURY
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 Dale:
A D D R F SS I NG S PFCI A L IST REPORT
I have reviewed the plat and find that the street names and street configuration are acceptable.
0
_ Addressing Specialist Hale: 91
Gt rrr+� 1 AIEY
IR i:FIC ENGINFER REPORT
1 have reviewed the plat and rind that:
All streetlight installation, striping, signage and other traffic improvements have been constructed and are in
ce]lforman= with City requimmmWstandards.
47 street signs should be ordered and billed to developer. Work orders have been prepared for signage.
Certain improvements remain uncompleted and a punch list has been prepared and sent.
Approved engineering drawings for streetlight system have been received and approved. Applicant is
f responsible to furnish as -built drawings once streetlights have been installed.
Traffic Engineer Date
CiV11, 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.
As -built drainage plans in electronic form have been submitted.
All other requirements for final plat approval have been satisfied. ]
�"'`-"'r✓� _ Civil Engineer 1111 []:ecc
SURVEYOR REPORT
1 have reviewed the plat and find that:
All requirements for final plat approval have been satisfied.
Surveyor Date:
MANAGER APPROVAL
All FiviI Engineer ingrequireineals Yor tiling this final plat have been satisfied.
^'" .. Date: l �i 1-7 w
Design Review Engineer/Civil Engineering Manager
Effective: OCt 3, 2016
James, Donna
From: Tamara Guffey <tguffey@whitedaters.com>
Sent: Wednesday, September 28, 2016 11:52 AM
To: Vincent Hotho Steven. Hotho@Irwu.com; Jason Lowder (Jason.Lowder@carkw.com);
THOMPSON, THEODIS; 'MANION, JOSEPH E jm4138@att.com'; Bates, Joni B.
Cc: James, Donna; Floriani, Vince; Daniel Havner; Timothy Daters
Subject: Plat Approval Chenal Valley, Phase 20 Ensbury
Attachments: Temp00391.PDF
Attached for your approval is a plat copy of Ensbury Place, Lots 1 and 21-53, Block 101, Lots 11-21, Block
102, Tracts A-G, Block 101 and Tracts A and B, Block 102 Chenal Valley an addition to the City of Little Rock.
The owners of this property would like to file the plat by Monday October 10, 2016.
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 at tdaters whitedaters.com or Dan Havner at
dhavner(@,whitedaters.com or 821-1667.
We appreciate your timely response.
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
City of Little Rock
Planning and Development
Filing Fees
Date , 2p ,
Annexation
Board of Adjustment
Cond Use Permit/T UP
Final Plat
Planned Unit Dev
Preliminaj y Plat
Special Use Permit
Rezoning
Site Plans
Street Name Change
Street Name Signs
Number ') at -20
Public Hearing Signs
Number at ea
Total
File No
5 P
OCT 18 2016