HomeMy WebLinkAboutBill of Assurance 102725No for Record 196.L, at �o'cl
oileoo
(SEAT,) and recorded � 196—L. ROGER McNAIR, CLERK
eooir -754- k- A92' .
O.B.G. CORPORATION BY SIXTH
GUS OTLENHEIMER, PRESIDENT, SUPPLEMENTAL BILL OF :ASSURANCE
AND L. J. OTTENHEIMER,
SECRETARY -TREASURER, AND c2. 1961
CLOVERDAIE CORPORATION BY
L. J. OTTENHEIMER, PRESIDENT,
AND GUS OTTENHEIMER, SECRETARY -
TREASURER
TO
THE PUBLIC
WHEREAS, 0. B. G. CORPORATION and CLOVERDALE CORPORATION,
Arkansas Corporations, are the owners of the land hereinafter des-
cribed, to -wit:
Part of Section 36, Township 1 North, Range 13 West,
Pulaski County, Arkansas, describes} as follows: Be-
ginning at the Northeast corner of the Northwest
Quarter (NWj) Southeast Quarter (SEt) of said Section
36, thence South 0'39' West 657.2 Feet along the East
line of said Northwest Quarter (NW4) Southeast Quarter
(SEJ), thence North 89'07+ West 1030.9 Feet to the
Northeast corner of Lot 251 of Cloverdale Subdivision,
thence North 57'321 West 87.4 Feet to the Northeast
corner of Lot 250 of said Cloverdale'Subdivision,
thence North 44'17' Wost 100 Feet to the Northwest
corner of Lot 250 of said Cloverdale Subdivision,
thence North 45'43' East 759.3 Feet along the East-
erly line of Lot 246-247 and 256 to 260-A inclusive
of said Cloverdale Subdivision to a point on the
North line of the said -Northwest Quarter (NW4),
thence South 89.201 East 638.5 Feet along said North
line to the point of beginning. Containing 14.18
acres, more or less. '
AND, WHEREAS, said owners desire to divide said unplatted
lands, surveyed aril marked as Leta on the Fiat filed herein, the
same being described as Lots 208 to'246, inclusive, and Lots 395 to
404, inclusive, and Lot 207-A; a copy of said Plat showing the bounds
and description of Lots, easements, roads, streets, and drives being
attached hereto;
NOW, THEREFORE, 0. B. G.:CORPORATION and CLOVERDALE CORPOR-
ATION have caused said tract of land to be surveyed by G..A. DENHAR,
registered professional engineer, and a Plat thereof made which is
identified by the titlo"CLOVERDAIE SUBDIVISION, LOrS 208 TO 246 AND
LOTS 395 TO 404 INCLUSIVE AND WE 207—A, being a part of Section 36,
Township 1 North, Rangy 13 West, Pulaski County, Arkansas," and the
date, December 30, 1960, and by the signature of the said engineer
and the grantors, and bears the certificates of approval executed by
the Little Rack Planning Commission and a Pulaski County P
Board, and is of record in Plat Book , Page ,
in the office of the Circuit Clerk of Pulaski County, Arkansas; and
grantors do hereby file said Flat and this Sixth Supplemental Bill
of Assurance, and do declare that the lard embraced within the sur-
veyed and marked Iota, roads, streets, and drives on the said Plat
shall be forever known as: CLOVERDAIE, a Subdivision of {cart of
BOOK 754 PAGE193
South Half, Section 36, Township 1 North, Range 13 West, Pulaski
County, Arlcansas.
Hereafter, conveyance and description of any of said lanris
by lot number, or part thereof,•as shown on said Plat, shall be a
proper and sufficient description -thereof.
ST1 MTS, ROADS,_ AND DRIVES: Streets, roads, and drives
in said Subdivision shall henceforth be and are named as shown in
the attached Plat, of the length and width shown thereon, and said
s'treets,•roads, and drives and the use 'thereof are hereby dedicated
'to the public to be used only as streets, roads, and drives for its
use and benefit forever, except that 0. B. G. CORPORATION reserves
,the right to use any surpluo'dirL in said streets, roads, and drives
for its own -benefit.
LAS)JMNTS: The easements shown on the Plat, shall be
located and be of the width and length shown on the Plat, and are
reserved for the installation anal maii•tenance of utilities, open
drainage, drainage structures, and drainage facilities -to service
said addition. And, 0. B. G. CORPORATION hereby reserves 'the r.*Lght
to cross through, or under, any and all streets, roads, and drives
for the purpose of constructing and maintaining all utility lines
and drainage facilities for the purpose of servicing said property,
aril to grant said right to utility companies or other service com-
panies for said, purposes.
1U,'STRTCTIONS :
1. No lut- shall be used except for single-family resi-
dential purposes. No building shall be erected, altered, placed,
or permitted to remain on -any lot other than one detached single-
family dwelling not 'to exceed 2 1/2 stories in height and a private
garage for not more than two cars.
2. No dwelling shall be permitted on any lot at a cost
of 'less than $6,500.00 based upon cost levels prevailing on the
date 'these covenants are recorded.
3. On all lots included in said Plat, 'the ground floor
area of the main structure, exclusive of one-story open or screened
porches and garages and carports, shall not be less than 850 square
feet.
li.. No building shall be located on any lot nearer -to the
front lot line or nearer -to 'the side street line than 'the minimum
building setback lines shown on. the Flat. No building shall be lo-
caLed nearer -than 6 feet to : an interior lot line, except -that a
detached garage or other permitted accessory building located 11.0
feet- or more from 'the minimum building setback -line may be loca:Led
within not less -than 3 :feet of any interior lot line. No dwelling
shall be located on any interior lot nearer. 'than 25 feet -to 'the rear
lot line. For the purposes of -this covenant, where more or less than
one full lot is conveyed to a purchaser, 'the perimeter of the plot
conveyed shall constitute -the lot lines. Eaves an.l steps shall not
be considered a part of a building for the purposes of this covenant.
5. No dwelling shall be erected or placed on any lot,
having a width of less -than 60 feet at -the minimum building setback
line nor shall any dwelling be' erected or placed on' any lot having
an area less than 7,200 square feet.
-2-
UU(jK .1 uz rNury— ,i
6. No sign of any kind shall be displayed to the public
view on any lot except one sign of not more than five square feet
advertising the property for sale or rent, or signs used by a
builder to advertise the property during the construction and sales
period.
7. No animals, livestock, or poultry of any kind shall
be raised, bred or kept on any lot, except that dogs, cats, or other
household pets may be kept provided that they are not kept, bred,
or maintained for any commercial purposes.
8. No lot shall be used or maintained as a dumping ground
for rubbish. Trash, garbage or other waste shall not be kept except
in sanitary containers. All incinerators or other equipment for the
storage or disposal of such materials shall be kept in a clean and
sanitary condition.
9. No fence, wall, hedge, or shrub planting which ob-
structs sight -lines at elevations between 2 and 6 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 25 feet from Lheintersection
of the street lines, or in the case of a rounded property corner
from the intersection of' -the street property lines extended. The
same sight -line limitations shall apply on any lot within ten feet
from -the intersection oC a street property line with -the edge of a
driveway or alley pavement. No tree shall be permitted to remain
within such distances of such intersections unless the foliage line
is maintained at -sufficient height to prevent obstruction of such
sight -lines.
10. No building shall be placed or shall any material
or refuse be placed or stored on any lot within 20 .feet of -the
property line of any park or edge of any open water course, except
that clean fill may be placed nearer provided that the natural
water course is not altered or blocked by such fill.
11. No obstruction shall be placed in the street, gutter
curbs; curbs shall be broken at driveways, and driveway grades lowered
to meet the gutter line not more than 2 inches above gutter grades.
ENFORG`EPENT: Said covenants and restrictions shall run
for a period of twenty -fire (25) years from the date they are recorded,
after which time said covenants and restrictions shall be automatically
extended for successive periods of ten (10) years until an instrument
signed by a majority of the then owners of the lots has been recorded,
agreeing to change said covenants in whole or in part. In -the event
of any violation or attempted violation of the covenants or restric-
tions herein, it shall be lawful for any person or persons owning
any lot or lots in said subdivision -to prosecute any proceedings at -
law or in equity against the person or persons violating or attempting
to violate said covenants or restrictions, to prevent said violation;
provided, however, if no suit to -enjoin the erection of any primary
dwelling structure has been commenced prior to the completion of the
erection of said primary dwelling structure, such violation or, viola-
tions, if any, shall be deemed waived, ratified and approved by all
persons owning other lots in said subdivisbn; provided, further how-
ever, in no event shall failure by any utility or utilities to enforce
ZZ
som 754 PAGEM
any covenant or restriction at the time of its violation be deemed
a waiver to enforce the same thereafter with respect to any rights
or easements provided in this Bill of Assurance or in the Plat filed
in connection herewith. Further provided that nothing contained
herein shall ever be deemed to permit erection of any structure in
the public streets or access easements here provided for, whether
or not suit be brought prior to completion of any such structure,
nor shall any thing herein be otherwise deemed to limit the full
and complete dedication of the public streets as herein made.
Further provided, the failure of any owner of any property to en-
force any covenant or restriction at the time of its violation,
with respect to any structure other than the primary dwelling
structure, shall in no event be deemed to be a waiver to enforce
the same thereafter.
-NUISANCES: No noxious or offensive activity shall be
carried out on any lot, nor shall anything be done thereon which
may be or may become any annoyance or nuisance to the neighbors.
TEMPORARY STRUCTURES: No structure of a temporary
nature, trailer, basement, tent, shack, garage, barn or other
out building shall be used on any lot at any time as a residence
either temporarily or permanently.
b'I�VERABILITY: Invalidation of any one of these cove-
nants or restrictions shall in no wise affect any of the other
provisions which shall run in full force and effect.
ASSIGNMENT: 0. B. G. CORPORATION hereby reserves the
right, by appropriate instrument to assign or convey any right
or restriction contained herein, reserved to it or wltch may accrue
to its benefit hereafter.
CHANGES: Any restrictions or provisions contained in
this instrument may be amended -at any time by concurrence of the
owners of not less than fifty-one percent (51p) of the lands, by
area, included in this subdivision.
CLOVERBk1j& CORPORATION
President
Secretary-Tre urer
STATE OF ARKANSAS
O.B.G. CORPORATION
4 SS.
COUNTY OF PULASIU
41
On this .� day of , 19611
before me, a Notary Public duly commissioned, qualified and acting,
within and for the County and State, appeared in person the within
named GUS OTTEMI-IEI ER and L. J. OTTENI-EIMER to me personally well
known, who stated that they were the President and Secretary -Treasurer
rM
on 754• F*196
of the O.B.G. CORPORATION, and were duly authorized in their respective
capacities to execute..the foregoing instrument for and in the name and
behalf of said 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 WE- M- Or, I have hereunto set my hand and offi-
SS;t4 al seal this �AfiL day of , 1961.
ti
OMISSION EXPIRES: NOTAJP1 PUBLIC
.�•�0 VS`l a ��
On this day of , 1961, be-
fore me, a liotary Public duly commissioned, quafified and acting,
within and for the County and State, appeared in person the within
named L. J. OTTENI-EIMER and GUS OTTE, MIMER to me personally well
known, who stated that they were the President and Secretary -Treasurer
of the CLOVERDALE CORPORATION, and were duly authorized in their res-
pective capacities to execute the foregoing instrument for and in
the name and behalf of said corporation, and further stated and ack-
novrledged that they had so signed, executed and delivered said fore-
going instrument for the consideration, uses and purposes therein
mentioned and set forth.
IN TESTIMO YiH MOF, I ave hereunto set my hand and offi-
cial seal this � day of .���.� 1961.
i4Y CG44I8SION EXPIRES:
'AL 'L
NOTARY P IC
(FOR PLAT, SEE PLAT BOOK #9, AT PAGE 23.)
This Instrument Prepared By
EICHGNBAUM, SCOTT & MILLER
Attorneys at Law
1015 Boyle Building
Little Rock, Arkansas
No ALIffFiled for Record . /�'196,L_, at 442 ' a /o' clock 1 M,
(SEAL) and recorded ROGER McNAIR, CLERK
BILL OF ASSURANCE BOOK 754 VAGE207
We, Wayne W.:Owen, Fern H. Owen, his wife, William L. Humphries,
jeanice Humphries, his wife, and Travis V. Talley, Administratrix of the Estate
of Paul E. Talley, Deceased, being the owners of the following described
property, to -wit:
Owen's Replat of Lots 4, 5 and 6, Block "A", Ben Cox Subdivision
of Lot 3, Block 2, Hyde Park Addition to the City of Little Rock,
Pulaski County, Arkansas, except five feet off the east end thereof,
which five feet have heretofore been conveyed to the City of Little
Rock for use as a street,
in order to make the same suitable for public use, and in order to make the
same .conform to the surrounding properties, streets and alleys, hereby
replat said property into Lots A and B as demonstrated upon the attached plat,
and the said property shall hereinafter be known, described and designated
as, Lots A and B of Owen's Replat of Lots 4, 5 and 6, Block A, Ben Cox's
Subdivision of Lot 3, Block 2, Hyde Park Additition to the City of Little Rock,
Arkansas, Except five feet off the east end thereof, and all conveyances
of said property shall hereafter be made by being designated as Lot A or B of Owen's
Replat of Lots 4, 5 and 6, Block A, Ben Cox's Subdivision, and the boundaries
thereof shall be as are shown on the attached pla.t,' and the said dedicators
and a 5' dedication for Jackson St.
hereby dedicate a five foot utility easement/as shown on said drawing.
Hereinafter, no building or improvement shall be constructed closer
to West 21st Street than 25 feet as designated on said plat.
DATED this 5A day of , 1960.
waide W. Owen
d
� i[ �
r is S'iq ,
Jill
g44 9
w
Z
o
p�
N
0
ii
i
0 u
RIAmnA
—
°
•"•
Kg--:
c.-
p
d=g !:
:i
J
nW
kU_u
EH
Ld
�i
O
R
U