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BRYANT-.s 2ND EA -f -ESN ADD 1770N
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r-72
DEED OF DEDICATION AND BILL OF ASSURANCE
OF BRYANT °,S SECOkM EASTERN ADDITI014 TO THE
CITY OF BATES VILLE AND THE CCUNT_ OF
INDEPENDENCE, TATE ARKANSAS
WHEREAS,, John E. Bryant & Sons Lumber Co . a Inc., is
the owner of the following described lands in Independence County,
Arkansas, to -wit:
Part of the Southwest quarter cf the
Southeast Quarter of Section 15, Township
13 North,, Range 6 West, beginning at an
iron pipe 426 feet west of the southeast
corner of the said Southwest Quarter of the
Southeast Quarter of Section 15, Township 13
North; Range 6 West; thence run North 238
felt; thence run North 59 degrees 03 minutes
West 188 feet; thence run North 43 degrees 10
minutes West 316 feet to an iron pipe; thence
run North 26 degrees 30 minutes East 486 feet
to an iron pipe; thence run North 63 degrees
30 minutes West 96 feet to an iron pipe;
thence run North 26 degrees 30 minutes East
190.4 feet to the south right of way line of
State Highway No. 69; thence Northwesterly
along said right of way line 50 feet; thence
South 26 degrees 30 minutes West along the
present fence line 197 feet to the fence
corner and an iron pipe; thence run North
63 degrees 30 minutes West along the pre-
sent fence 210 feet to an iron pipe; thence
run South 26 degrees 30 minutes West along
the present fence line 59805 feet to an iron
pipe; thence North 75 degrees 45 minutes West
130 feet to an iron pipe on the East right
of way line of a 16 foot lane; thence South
along said East right of way of said lane
660 feet, more or less, to an iron pipe set
16 feet. East of the Southwest corner of the
said Southwest quarter of the Southeast Quar-
ter; thence South 89 degrees 10 minutes East
842 feet to the point of beginning and con-
taining 15.93 acres, more or less.
and
WHEREAS, the above described property has been
surveyed, platted and laid out by Burton Arnold, Jr., whose
survey is attached hereto and made a part hereof as though set
out herein, word for word, line for line and figure for figure,
and which survey is dated the 12th day of March, 1966, and
WHEREAS, it is now deemed proper and desirable
that the above described property now be subdivided into building
lots and streets as shown on the plat attached hereto and that
said property be held, owned and conveyed subject to the pro-
tective covenants herein contained in order to enhance the value
of said property, now therefore
JOHN F BRYANT & SONS LUMBER CO., INC . , for and in
consideration of the benefits accrued to it, its successors and
assigns, which beneits it acknowledges to be of value, have caused
to be made the p1a': hereto attached showing the bounds and dimen-
sions of the proporty now being subdivided into .?.ots and streets
and said grantor Aereby donates and dedicates to the public use
forever an easeawnt of way along and on the streets as shown by
said plat to be us -d for the benefit of the property owners of
this property. Vie filing of this Deed of Dedication and Bill of
Assurance and plat for record in the office of the Circuit Clerk
and Ex -Officio decorder of Independence County, Arkansas, shall be
valid and corflete delivery and dedication of the streets and ease-
ments subject: to the tows conditions and limitations hereinafter
set out.
1. The name of this subdivision shall be BRYANT'S
SECOND VJTERN ADDITION. The lot numbers are shown on the plat.
Hereaftor a description of this property shall be legally suff-
icient if it refers to the lot number and the name of the Sub-
divi�i_'on
2. Utility easements ten (10) feet in width are
referved along and across each lot as shown on the plata Without
limiting the generality of the foregoing, these easements may be
used for gas, water, sewer, electric power and telephone. These
easements may also be used for either underground or surface
drainege. The reservation of these easements will not require
the developers and owners of this property to place the utilities
solely within the easement and underground utilities may be placed
at the street side of the lots or on the public streets. No over-
head utilities, howevar, will be placed except within the ten (10)
foot easement herein reserved. The right is hereby granted to the
persons, firms or corporations engaged in the supplying of such
utility s+arvices to use and occupy such easements and to have free
ingress and egress therefrom for the installation, maintenance and
repair and replacement of such utility services
3. Each lot herein platted shall be held and used
only at residential sites,, No structure shall be erected, altered,
placed or permitted to xemainlon any building site other than a
single detached family dwelling which shall not exceed two and
one-half (2h) stories in height, a private garage for not more
than three cars, guest houses servants quarters and other out
buildings incidental and related to the residential use of the
premises.
4. No lot shall be subdivided for the purpose of
providing an extra or additional building site.
5. No principal residential structure shall be con-
structed or permitted to remain upon any building site in this
subdivision the ground floor area of the main structure of which,
exclusive of one story porches and garage, shall be legs than one
thousand square feet (1000) in area.
6. No building shall be located on any building
site nearer to the front lot line than twenty-five (25) feet.
No building shall be located nearer than five (5) feet to an
interior lot line. No dwelling shall be located on any lot
nearer than thirty-five (35) feet to the rear lot line. For the
purpose of this covenant,, eaves, steps and open porches shall not
be considered part of the building.
VW •AMW
7. No noxious or offensive activity shall be carried
on upon any lot nor shall anything be done thereon which may be or
may become an annoyance or nuisance to the neighborhood.
8. No trailer, basement,, tent, shack, garage, barn
or other outbuilding, other than a guest house or servants quarters,
shall be erected on a building site covered by these covenants for
use for human habitation, temporarily or permanently, nor shall any
structure of a temporary character be used for human habitation.
9. No signs of any kind shall be displayed to the
public view on any public site except one sign of not more than
fire square feet advertising the property for sale or rent, or signs
used by the builder or developer to advertise the property during
the construction and sales period o
10. No animals, livestock or poultry of any kind
shall be raised or kept on any building site except that dogs, cats
or other household pets may be kept; provided they are not kept or
maintained for any commercial purposes.
11. No individual sewerage didposal system shall
be permitted on any of said lots unless said system is designed,
located and constructed in accordance with the recommendations
and requirements of the Arkansas State Board of Health.
12. Said residencies shall not be used for beauty
parlors, barber shops or other business locations of any kind; it
being the intention of the parties to this covenant that the
ground occupied be used exclusively for residential purposes.
13. All structures shall be build of generally
accepted building materials. None will have sheet iron or tin
roofs.
The covenants hereinabove msntained shall remain
in full force and effect for a period of twenty-five (25) years
from the date hereof and ftreafter shall be automatically ex-
tended for successive periods of ten (10) years each unless
amended or cancelled as herein after provided. Any and all of
the covenants, provisions or restrictions set forth in this Deed
of Dedication and Bill of Assurance may be amended, modified,
extended, changed or cancelled in whole, or in part, by written
instrument signed and acknowledged by the owners of over fifty
(50X) percent of the lots in this Subdivision. These covenants,
restrictions and provisions shall be deemed covenants running
with the land and shall remain in full force and effect unless
and until amended and cancelled as authorized here. In the
event of any violation or attempt to violate any of the covenants
or restrictions, it shall be lawful for any person, or persons,
owning any lot, or lots, in this Subdivision to prosecute any
proceedings at law or in equity against a person, or persons,
violating or attempting to violate such covenants and restrictions
and either to prevent him, or them, from so doing, or to recover
damages for any such violations. The invalidation of any res-
triction set forth herein, or any part thereof, by any order,
judgment or decree of any court, or otherwise, shall not invalidate
or effect any of the other restrictions or any part threof as set
forth herein, but they shall remain in full force and effect.
March, 1966.
En
Witness our hands and seals on this 5th day of
JOHN E. BRYANT & SONS LUMBER
COMPANY2, IAC
BYf s/ John E. Bryant
President '
ATTEST:
/a/ Duf f ie E _Ar ant
Secretary
ACKNOWLEDGHM
STATZ OF ARKANSAS )
)cc w
c� �S
CoTsnty of Lidependence)
On this 5tit day of March, 1966, before me, a
Notary :'ublic, duly commi-ssioned, qualified and acting, within
acrd for the county and state aforesaid, appeared in person the
v/ 1 aair. named John E. Bryant. and Duf f ie Bryant, to me personally
ell �nawn, who sty:ted that: they were the President and Secretary
of the John E. Bryant & Sons Lumber Co., Inc., a corporation, and
were duly authorir:ed in their respective capacities to execute
the foregoing instrument for and in the name and behalf of aaid
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 on this 5_ th „day of March, 1966
L81 Wanda Burks
ublic
My Commission expires: Notary P
5-21-1966