RES NO 02-02-1983 CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. a -1983
A RESOLUTION APPROVING RICKEY ADDITION PHASE III.
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 III 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
/%t Lf,/
AYOR
ATTESTED:.
Li' -i d.
CIT+ CLERK TREASURER
0
BILL OF ASSURANCES
RICKEY ADDITION PHASE III
KNOW ALL MEN BY 'i'HESE PRESENTS:
WHEREAS, Willie D. Mooney and Beverly A. Mooney, are
-4 now the record owners of the property described as
SEE ATTACHMENT A.
WHEREAS, the owners desire to develop a residential
mobile home addition to the City of Van Buren, Crawford Coun-
ty, Arkansas, and have .caused said tract to be surveyed and
platted into Iots and,
WHEREAS, it is in the interest of the owners of the
property described above, as well as prospective purchasers
of the lots that said tract be known as Rickey Addition Phase
III 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 sire,
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 tract described by number ns shown
(2)
on said plat shall be held and deemed a sufficient descrip-
tion for the conveyance thereof,_ subject to the reservations,
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 Addition Phase III
to the City of Van Buren, Crawford County, Arkansas.
1. All streets shown on the plat of Rickey Addition
Phase III are hereby dedicated to 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 III are reserved for construction, operation and main-
tenance of public utilities, and are provided for the purpose
of enabling such utilities, their agents and employees, 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 al) utility facilities within the boundaries
of said easements.
4. No lot in Rickey Addition Phase III shall be used
except for residential purposes. No mobile home with less
than 700 square feet of heated living area shall be placed
upon any lot. All mobile homes shall be placed upon a per-
manent foundation with wheels removed and towing equipment
either removed or hidden from view. All mobile homes in
•addition to being placed on a permanent foundation should be
attached to the lot with a meta] anchoring system set. in con-
Crete and embedded in the ground which system shall be of
such strength and workmanship as to conform to standards
normally accepted in the mobile honk industry. Any founda-
tion which does not completely enclose the underneath area
of any mobile home shall be enclosed with some type of per-
manent skirting. Only one home shall be placed on any one
1et. Any additional structure such as porches, garages,
(3)
storage buildings, etc. shall he designed and constructed
to be compatible with a mobile home addition.
5. No commercial building, of any kind or type shall
be erected, nor shall any commercial activity he conducted
on any lot.
6. No mobile home shall be permitted to be placed or
remain on any lot having a heated floor area smaller than
r
700 square feet.
7. No structure of a temporary character, 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
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.
1
9. All fencing dividing the various properties shall
be either by chain link fence or wooden privacy fence.
10. These covenants are to run with the land and shall
be binding on all parties and all persons claiming under
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
E
the lots has been recorded, agreeing to change said covenants
in whole or in part.
11. Enforcement shall be by proceedings at law or in
equity against any person or persons violating or attempting
to violate any of these covenants, violators being subject
either to restraint or to an action for damages.
12. Invalidation of any one of these covenants by judg-
ment 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.
Willie D. Mooney
Beverly A. Mooney���
r,)
STATE OF ARKANSAS
ACKNOWLEDGMENT
COUNTY OF CRAWFORD
This day personally appeared before me, the undersigned,
duly commissioned, .qualified, and acting Notary Public, with-
in and for said County and State, the within named Willie
D. Mooney and Beverly A. Mooney, to me 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 day 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 relinquishment
of dower, homestead and curtesy therein contained, for the
considerations 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 198S.
Notary Public
My Commission Expires:
ATTACHMENT A
LEGAL. DESCRIPTION
Part of the Northeast Quarter, Section 32, Township 9 North, Range 32 West,
Van Buren, Crawford County, Arkansas, described as follows:
Commencing at the Northeast corner of said NE /4, Section 32; thence North
89 48' 20" West 1554.3 feet; thence South 0 21' 20" West 40.0 feet to the South-
west right of way intersection of Oak Grove Road and Flat Rock Drive; thence along
said right of way line of Flat Rock Drive South 0 21' 20" West 49.0 feet; thence
along said right of way line 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; thence along said right of way line South
13 45' 40" West 490.5 feet; thence along said right of way line on a 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 line South 27° 33' 40" East 343.00 feet to the point
of beginning; thence North 62° 26' 20" East 60.00 feet to the East right of way line
of Flat Rock Drive; thence along said right of way line the next nine courses; thence
South 27 '33' 40" East 18.61 feet; thence along a curve to the right having a central
angle of 12 59' 15" and a radius of 908.54 feet to a point subtended by a chord
bearing and distance of South 21 04' 02" East 205.50 feet; South 14 34' 25" East
105.60 feet; thence along a curve to the left having a central angle of 24 53'
16" and a radius of 377.85 feet to a point subtended by a chord bearing and distance
of South 27 01' 03" East 162.84 feet; thence along a curve to the right having a
central angle of 39° 32' 01" and a radius of 308.27 feet to a point subtended by
a chord bearing and distance of South 19 42' 14" East 208.38 feet; thence along a
curve to the left having a central angle of 18 04' 20" and a radius of 598.20
feet to a point subtended by a chord bearing and distance of South 8 57' 50" East
188.09 feet; thence South 18 00' 00" East 625.49 feet; thence along a curve to the
right having a central angle of 17 33' 25" and a radius of 321.41 feet to a point
subtended by a chord bearing and distance of South 8 46' 42" East 98.45 feet; thence
South 0 26' 35" West 80.45 feet; thence North 89 33' 25" West 981.76 feet;
thence North 41° 52' 24" East 339.81 feet; thence North 50 14' 24" East 222.4 feet;
thence North 0° 07' 36" West 113.6 feet; thence North 49 18' 36" West 165.40
feet; thence North 68 05' 36" West 97.10 feet; thence North 47 08' 04" West
105.03 feet; thence North 1 30' 00" West 170.00 feet; thence North 60 00' 00"
East 120.00 feet; thence North 75 19' 33" East 256.47 feet; thence South 89
33' 25" East 241.34 feet to the West right of way line of Flat Rock Drive; thence
along said right of way line the next five (5) courses; thence on a curve to the left
having a central angle of 39 32' 01" and a radius of 248.27 feet to a point subtended
by a chord bearing and distance of North 27 17' 15" West 104.71 feet; thence on
a curve to the right having a central angle of 24° 53' 16" and a radius of 437.85
feet to a point subtended by a chord bearing and distance of North 27 01' 03" West
188.70 feet; North 14 34' 25" West 105.60 feet; thence on a curve to the left 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 North 21 04' 02" West 191.93 feet; North 27
33' 40" West 18.61 feet to the point of beginning containing 16.2 acres more or less.
lel
I
RESOLUTION NO.
A RESOLUTION ADOPTING PROVISIONS OF A WATER SUPPLY AGREEMENT BETWEEN
THE CITY OF FORT SMITH, ARKANSAS AND THE CITY OF VAN BUREN, ARKANSAS;
AND AUTHORIZING THE CHAIRMAN OF THE VAN BUREN WATER AND SEWER COMMISSION
TO SIGN SAID WATER SUPPLY AGREEMENT.
ISO BE IT RESOLVED by the Van Buren Water and Sewer Commission of Van Buren,
Arkansas, THAT:
The provisions of the Water Supply Agreement, as negotiated with the
City of Fort Smith, and approved by the Fort Smith Board of Directors
on February 15, 1983 is hereby adopted and approved.
The Chairman of said Commission is hereby authorized to co —sign said
Agreement on behalf of the Van Buren Water and Sewer Commission.
This Resolution adopted this day of February, 1983.
APPROVED:
C. E. Dougan, Ch_'1'man
ATTEST:
0