RES NO 02-01-1983 CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. a 1983
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A RESOLUTION APPROVING RICKEY ADDITION PHASE II.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS:
SECTION I. That subject to the assurances provided for in the
Sub- division regulations being executed to assure
that all improvements are put in and the Bill of
Assurances being properly executed, the plat of
Rickey Addition Phase II is approved.
SECTION II. That the Mayor is authorized and directed to sign
said plat plan and the City Clerk is authorized and
directed to attest same upon filing of the assurities
mentioned in Section I.
PASSED AND APPROVED THIS 21st DAY OF February 19 83
MAYOR
.'ATTESTED:
CI'Y CLERK TREASURER
BILL ASSURANCES
RICKEY ADDITION PHASE lI
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Willie D. Mooney and Beverly A. Mooney, are
now the record owners of the property described as:
SEE ATTACHMENT A.
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WHEREAS, the owners desire to develop a residential
housing addition to the City of Van Buren, Crawford County,
Arkansas, and have caused said tract to be surveyed and
platted into lots and,
WHEREAS, it is in the interest of the owners of the
property described above, as well as prospective purchasers
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of the lots that said tract he known as Rickey Addition Phase
II to the City of Van Buren, Crawford County, Arkansas, and
that use of the lots be restricted as hereinafter provided.
NOW, THEREFORE, in consideration of the premises, and
for the purpose above mentioned, said owners, have caused
said tract to be platted into numbered lots with the size,
location, and boundaries of each lot shown on said plat,.
which has been filed for record, and every deed or convey-
ance Of any lot in said t.l "aCC. described by number as shown
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(2
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on said plat shall be held and deemed a sufficient descri.p-
lion for the conveyance thereof,' subject to the r.eserva-
lions, covenants and restrictions hereinafter stated, which
shall be for the use and .benefit of, and binding upon, the
present owners, their grantees, and all future owners of
lots within the tract which shall be known as Rickey Addi-
tion Phase ]:1 to the City of Van Buren, Crawford County,
Arkansas.
1. All streets shown on the plat of Rickey Addition
Phase II are hereby dedicated Co the use of the public.
2. All oil, gas and other mineral rights are excepted
from this Bill of Assurance and are reserved by Willie D.
and Beverly A. Mooney, their successors and assigns.
3.- Easements as shown on the plat of Rickey Addition
Phase II are reserved for construction, operation and main-
tenance of public utilities, and are provided for the pur-
pose of enabling such utilities,their agents and employees,
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to enjoy free, open, and unobstructed access through, over
and along such easements to the end that their personnel,
trucks and work equipment may at all times install, service,
operate and maintain all utility facilities within the
boundaries of said easements.
4. No lot in Rickey Addition Phase II shall be used
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except for residential purposes. No building shall be
erected, altered, placed or permitted to. remain on any lot
other than residential, single and multi- family dwellings
mot to exceed two and one -half stories in height and pri-
vate garages for the occupants' vehicles and other outbuild-
ings incidental to residential use of the lot.
5. No Commercial building of any kind or type shall
be erected, nor shall any commercial activity be conducted j'
on any lot.
(3) t
6. No dwelling unit shall be permi.tted to be con
structed or remain on any lot baying a heated floor area
smaller than 600 square feet.
7. No structure of a temporary character, trailer,
basement, tent, shack, garage, barn or other outbuilding
shall be used on any lot at any time as a residence, either
temporarily or permanently.
8. No animals, livestock or poultry of any kind shall
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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 purpose.
9. These covenants are to run with the land and shall
be binding on all parties and all persons claiming under
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them for a period of 25 years from the date these covenants
are recorded, after which time said covenants shall be auto—
matically extended for successive periods of 10 years unless
an instrument signed by a majority of the then owners of
the lots has been recorded, agreeing to change said coven—
ants in whole or in part.
10. Enforcement shall be by proceedings at law or
in equity against any person or persons violating or at—
tempting to violate any of these covenants, violators•bei_ng
subject either to restraint or to an action for damages. 11
11. Invalidation of any one of these covenants by
.judgment of court order shall in no way affect any of the
other provisions which shall remain in full force and
effect.
Witness our hands and seals this day of
1983.
Wi.l D. Mooney
Bever] y A. Mooney
(4)
STA'111; OF ARKANSAS
ACKNOWLEDGMENT
ENT
COUNTY OF CRAWFORD)
This day personally appeared before me, the undersign-
ed, duly commissioned, qualified, and acting Notary Public,
within and for said County and State, the within named
Willie D. Mooney and Beverly A. Mooney, to nie personally
well-known as the Grantors in the foregoing Instrument,
and acknowledged that they signed, executed and delivered
the same on the day and year therein mentioned, for the
uses, purposes and considerations therein mentioned and
set forth.
And on the same clay voluntarily appeared before me
the said Grantors in their capacity as spouses of each other
to me personally well known, and they in the absence of
their spouse declared that they had of their own free will
executed said instrument and signed and sealed the re]in--
quishment of dower, homestead and curtesy therein contained,
for the consideration and purposes therein mentioned and
set forth, without the compulsion or undue influence of
their. spouse.
Witness my hand and Notarial Seal this day of
196.
Notary y Public
My Commission expires:
ATTACHMENT A
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LEGAL DESCRIPTION
Part of the Northeast Quarter, Section 32, Township 9
North, Range 31 West, Van Buren, Crawford County, Arkansas,
described as follows:
Commencing at the. Northeast corner of said Northeast
Quarter, Section 32; thence North 89 48' 20" West 1554.3 feet;
thence South 0 21' 20" West 40.0 feet to the Southwest right of
way intersection of Oak Grove Road and Flat Rock Drive thence
along the West right of way line of FLat Rock Drive South 0
21' 20" West 49.0 feet; thence along said right of way line of
Flat Rock Drive on a curve to the left having a central angle
of 14° 07' and a radius of 433.8 feet to a point subtended by
a chord bearing and distance of South 6° 42'- 10" East 106.62
feet to the point of beginning; thence along said right of way
South 13° 45' 40" West 490.50 feet; thence along said curve
to the left having a central angle of 13 48' and a radius of
443.18 feet to a point subtended by a chord bearing and distance
of South 20 39' 40" East 106.48 feet; thence along said right
of way South 27 33' 40" East 359.33 feet; thence on a curve to
the right having a central angle of 12 59' 15" and a radius of
848.54 feet to a point subtended by a chord bearing and distance
of South 23 36' 28" East 117.0 feet; thence South 40 51' 38"
West 277.79 feet; thence South 51 21' 20" West 150.00 feet;
thence North 89° 38' 40" West 290.00 feet; thence North 52
00' 00" West 250.00 feet; thence North 0 21' 20" East 200.00
feet; thence North 27 13' 20" East 550.00 feet; thence North
76 14' 20" East 130.00 feet; thence North 13 45' 40" West
437.53 feet; thence North 87 13' 20" East 142.61 feet to the
point of beginning containing 12.6 acres more-or less.
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