January 27, 195315
Pl'INUTES OF AN ADJOURI~I±;D PIEETING OF THG CITY COUNCIL OF THE CITY OF 6dEST P7EMFHTS,
ARKANSAS,. HAD AND H1+;LD ON JAPIUARY 27, 1953.
The Council of the City of 4dest P1emphis met in an adjourned session at the
City Hall in said City at 7:30 P.P;I. on the 27th .day of January, 1953.
The meeting was called to order by the 2.1ayor, and the roll being called
there were:
Present: T4ayor GJ. B. Fordyce presiding and the following Aldermen:
0. I. Bollinger, John Burrow, Freeman Finley, Curtis Foster.
and F. B. Pourers; arxd City Attorney Atlee Harris and City
Clerk FJ. R. Seaton.
Absent: Aldermen Janes Bledsoe, A. R. Planchester, and C. H. Rowton.
It being determined a quorum eras present, the following proceedings were
had to-writ:
Mayor Fordyce announced to the Council. that the 1952 audit had not been
completed, and urould be presented at a later date. Also, the Playor recommended
that the following projects be considered for the year 1953:
1.. City obtain property for storage yard and shops that would be near a
railroad track.
2. Construct new building for the Light & ~^Jater Department for office and
vault space, that the new building be on S. 2nd Street nearthe plant,
3. P7_ayground on the east side of the City in the vicinity of 19th and
Harrison Streets.
fit. Obta3.n property for garbage disposal plant, property to be backfil7_ed
as a means of disposing of garbage at present.
5. Construct small building for fire station having available room for two
trucks and several additional rooms for library, light and water sub-
office.
6. Construct 2 swimm9_ng pools.
7. Method of feeding prisoners other than contract method now in use.
8. Recommend grant from the Light & ,~Jater Department for cash payment of
vehicles to be purchased rather than transactions by interest paying
notes.
Playor Fordyce stated the first order of business would be the matter of the
Annexation of Avondale Gardens. Inasmuch. as the question. of annexation had been
voted on Dlovember 1~, 1952, and the majority of the votes favored the Annexation.
The plat having been approved by the Planning Commission on October 1, 1952, and
the Bill of Assurance referred to the attention of the City Attorney. Thereupon,
City Attorney Harris advised that he had consulted with the Attorney for Avondale
Gardens, and the Bill of Assurance was in proper form for approval. After
discussion of the matter, motion was madeby Alderman Finley: That the Bill of
Assurance of Avondale Gardens be approved. The motion was seconded by Alderman
Powers, and upon the matter being called to vote, the following voted:
Aye: Bollinger, Burro:•~, Finley, Foster, and Fowers.
Nay: Dlone.
BILK OF ASSUAAAICE
KAtOi~d ALL IviGN BY THESE PR.i~StiNTS:
That Avondale Gardens, Inc., a corporation; John A. Cooper, Lewis K. McKee,
J. C. IlcCaa, Hugh Chalmers and J. C. Johnson, collectively hold the title to all
of the following described lands situated in Crittenden Cowlty, Arkansas, to-wit:
The South Half (S~~) of the Southeast quarter (SEA) of Section One (1)
Township Si,: (b) North, Range Pight (8) East
The grantors, Avondale Gardens, inc. has caused said lands to be surveyed and
subdivied to lots, blods, streets and alleys. Said subdivision has been named and
shall henceforth be ]~xoum and designated as Avondale Garden Subdivision, tiJest Pemphis,
Arkansas .
1~-
Said stiodivi_sion contains twelve (1?_) blocks, 1-12 inclusive, and the grantors have
executed a plat showing the locations of said. blocks, and the number and dimension of the
lots in said blocks. also the locations, widths and names of the streets and alleys. All
streets and alleys of said subdivision are hereby dedicated to the public for its use and
bend t .forever.
Said plat is recorded in Plat Book 2 at pages 3a, in the office of the
Circuit Court Clerk and Lx-Officio Recorder in and for Crittenden County, Arkansas.
As a part of this Bi11 of Assurance, certain safeguards and restrictions hereinafter
referred to as "Subdivision Restrictions" are hereby placed on the lots of said plat.
SUBbIVISIOI~T Ri:STRIC'I'IOPIS
`l'he purpose of these restrictions is to provide uniform protection for all property
o*ancrs in this subdivision by the establishment of minimwn standards of land, use, building
sizes, set-back requirements and the prohibition of certain rmdesirable uses avid practices
for the entire subdivision.
1. I~AA1D UtiE
Zone Classif'i_cat:i_ons:
Four zone c]assif.'icati.ons a~ hereunder descr:i.becl and as marked on said plat
herein referred to are hereby estab]ished for ].and use in the Avondale Gas•dens
Subdivision as fol7.ocas:
All lots as shoran on said plat in Bl.ocl~s 2, 3. 1t, K, t>, 7, 11 and. 12 axe
hereby designated as a single famil.~- residential. district and. c].assif9_ed as zone P~-1.
All lots in blocl: f3 and lots 2, 3, lk, arui 5 in block 10 ar•e hereby des:i_g-
nated as tiro family resi.denti.al district and classified as zone R-2.
All lots in block y and lot 1 in blocl: 10 are hereby designated. as a
multi-family residential district and a limited neighbor°hood business district, and
designated. as sone R-3.
A1_l lots in ffiock 1 are hereby designated as a l.i.mited neighborhood business
district and designated as zone B-l.
II. GPAiFRAL FRUVISIONS AFF]~Y]_PIG TO ALL ZODiLS
(a) Nothing shall be allowable on premises in any zone established. which
would in any way be offensive or obno.c:i_ous by reason of color, design, or the
emission of odors, liquids, gases, dust, smoke, vibration or noise. Nor sha7.1
anything be placed, constructed or maintained that r~aould in any way cm~ti.tute an
eyesore or rt~.sance to adjacent property atimers, residents, or to tyre corrunturity.
(b) All buildings hereafter constructed shall. be of an architectura]_ style
and co1_or which i~rill harmonize with the premises and with other buildings on bnth
sides of the same block, and before any person or persons shall erect any structure in
zone R-l, R-2 and R-3, they shall. first subm:i.t plans shor-ri.ng the type of structure to
be erected. and that said plans shall be of an architectural style and color cahich rd 11
harmonize with other bu:i.ldi.ngs on both sides of the same block, to Avondale Gardens, Tnc.
for ii;s approval or disapproval. Should Avondale Gardens, Inc. fail to act on said
plans within 1~ clays, then a eommi.ttee of tYrr•ee members is to be elected by a majority of
the property owners in saki block. to apprrnre ot• disapprove said plans.
(c) No building shall be erected or moved on to any lot of this subdivision
rrhi.ch doe.^., not conform to the fol]_owing restrictions of use, ar•ea;set;bads, and other
restrictions hez•ei_n set forth.
(d) P1o structures of a temporary .character, trai.]_er, basement, tent, shack,
garage, barn or other out-building shall be used. on any lot, at -arty time as a residence
either temporas•:1.]y or permanently.
(e) No lots irr zone R-1 and R-2 as shoUm on said. plat shall be resubdivi.ded.
into building plots, but a portion of a lct ad.;join_ing a lot may be used. in connection
therewith. and the total considered. as a single bui.ld.ing plot. The bui]_d.ing 1_ine and
side Line setbacks shah be deternr.ned with refer•e:nce to such increased plot.
e_~
III. DP~P'INITIGPIS OF ZONE CT~'155IFICATI,:R'S;
(1) R-1- Single family resident?.al zone;
(a) Evex;~ use as a one f;rmily .residence in a single building, including every
customary use not inconsistent trherctivith.
(h) Hone occupations, offices and studios, provided no advertising sign, no
merchandise, products or other material or e1uipment are displayed for advex'tisir.g pur-
poses, except that the name of the occupant and the Warne of his or her profession may be
displayed on a. sign not learger than four inches },ig, inside one window, or by an ap-
proved sign not larger than one and one-half sgc~.are feet in area, in the form of a prune
pla~.e, attached to the building. Such professional use shall not be permitted in a resi-
dential zone, if it would require any alteration or chap=*e in appearance oi' the oui-side
of a residential building, or if conducted at hours or in such manner that would corflict
with normal residential use of ad.jac•cnt premises.
(c) Prohibited uses: Bee hives or the breeding or raising of any insects,
reptiles or animals and fowls other bran cue t.ou,~~ry house pets.
(2) R-2--Two family residence zone;
(a) Ever•v use perruitted in Zone R-~.
(h) Every use as a two f'a,~ril,; residence in a single building, including every
use not inconsistent therewith.
(c) Home occupations, ot'fices and studios, provided no advertising sign, no
merchandise, products or other material or equipnr~nt are displayed xor advertising
purposes, except that the nacre of the occupant ar,d t}re Warne of ;, is or her profession
may be displayed on a sign nut lar er bran four inches irfg}r inside on windovr, or by
an approved sign not larger than one and one-hall s~~h,~are feet in area, in Lhe form oi' a
name plate, attaced to tiro building. Such professional. use shall ,r,t be permitted
in a residential zr,ne, if it would re~:luire any alteration or cirant;e in appearance of
t.re ourside of a residential uuildir,t, or if conducted. at hours or ir, such manner that
would conflict r~rith normal resid,~ntiai. use of adjacei~,t ; rer:,ises.
(d) rroi,ibit,ed Uses; Bee hives or the breeding or raising of any insects,
reptiles or animals and fowls oti:er t~,an customary }:once nets.
(3) R-3-I,'iulti-i'amily residence zone;
(a) Every use as an apart:rent building of three or:^ore units and every use
as a i;otel or motel.
(b) Every ,rse perrui.tted in R-1 and R-2.
(c) Parking space for one automobile for each aparl,;nent unit or hotel room shall
be urovided within the confines of the propert},*.
(d) Si}-ns not exceeding forty square J.eet in area, either free standing; or
applied to the building will be permitted, providing they are no closer to fire property
line than distances specified for set~acks.
(e) Prohibited Uses; Night clubs, bars, cocktail lounges, public dining; rooms,
dance halls. Bee hives or the breeding or r, icing of arry ins-::cts, reptiles or animals
and fowls ot_,er than cust.or;,ary ncuse Nets.
(f) Separate buildin4-s vaill 'be permitted t:roviding a spacing; of at ~ea~t f'if'-
teen (15) feet is maintained betvaeen uuildinRs.
(h) B-1--limited neighborhood .business;
(a) Every use permitted in R-1, R-~, and ft-3•
(b) All etail establisiments i,clrrding restaurants and t„eatres which do not
involve storai;e or use of rroxious gases or ex,aosive materials or are acco,upanied o,,
unnecessary or offensive noises.
(c) A six (6) foot vaide plaiuting screen at least six (6) root hi~;lr shall be
maintained above the entire eastcrl~~ coundary line of tire B-1 gone block.
(d) Provision shall be made v~rithin the structure for a service entrance and for
enclosed and for•screened storage for trash, garbage, etc. for each store or iaace of
business opening onto a service drive not visible i'rurn Highway y 61.
IV SLTi3ACK LII3I`L'A'IIvNd:
r;i;hack restrictions shall aNpl;;- to all structures constructed and erected in
all Zone Classifications as follows;
Front yard -- 25 feet f'ronr rroperty line
Rear yard -- 25 feet from property line
Side Yards -- 10 feet from propery line
Corner lots - 25 feet from both streets
Roof ove_hanl;s, ste.s, stoops, and arci;itectural projections are excepted.
V. HEIGHT LIPdITt1TI0NS:
PIo building in this subdivision shall be greater than two stories in freight nor
iri:her fran the average grade than 25 feet, to any portion of the building except chirmeys
and archit~actural projections.
raraen Walls- garden walls, not exceeding 5 feet in height, ma,~ t,e constructed
anywhere within property lines.
VI. t>,R~ LId_iiPtiTIOPJ;i:
1
ido building shall br: constructed in tLe various use zones wr;ich si,all be smaller
in ax•ea than as listed belovJ. Area oi' buildir`; shall be computed within outside peri-
meter of all exterior walls ar~d sur~p-orts under roof, including carports, garards, porches,
et8•
~~
R-1 -- }3locks :11 and 1?, 900 square feet
R-1 -- linimrmr 1100 square feet e l.sevr},ere
R-2 -- 1~~_inirnum 1600 s.}uare feet
R-3 -- Three antis -600 square feet per unit. Over three Curtis-400 square
feet leer unit.
13-1 - No mimim~.un size limitation, rnareirnwn size sral]_ ao±, ~;-ceed setbacl~
requireerents, and mast co~npl_y with all zon~irrl ordinances of the City of West fuemphi.s,
Arkansas.
VII. EASEI~iEAIT~ FOR I'UALIC UTILITili~;i AN! llRAT'I:4'1rili:
Perpetual easements as shown on the Mot fo.~~ the use of rmilities shall be
maintained and become a restriction on each irdiv:idual iot. ar_;ere they occur. Flhere
utilities easements occur on the rear oi' lots, t.;e ,ouse sewer shal]_ be located on the
side Facing the easements.
VIII. Ci.'~,Rf1A~rt: AYd') 3laFifiyt?. DISPOSAL:
rro lot sha]J. be used or maintained as a dwnpin around for xubci.sh. Trash, f;ar-
ba:~e or other vaaste shall Trot be ket~t except in sanitary containers. Ali incinerators
or other enu c,mont for the stor Ede or d.is~.osal oi' :;~:-ch material shall pe ke,rt. in a
:.lean and sanitary condition.
IX. S:I:'=HT i)IS'rANC'.~ ~1'r It}'1E.R:iECT1C'Il:
D?o fence, vva:Ll, he:~1 e or shrub 1r1an1,inR which ot;structs sight lines at elevations
bety;een 2 and 6 feet above the roadwais shall be 1_laced or permitted to re,,ain on any
corner lot within the triangular area formed by the street property lines and a line
counertinr~ them at points 2Z feet from the intersection of tl~e street lines, r in the
case of a rounded property corner from the intersection of the street I~roperty lines
extended. The same sight-line limitations shall afply on any lot within 1.0 feet from
tine intersection of a street proherty .i-ine with the idk-e of a drive-rrav or a1J-ey pave-
ment. No trePos shall ~e per^nitted to renain within such distance of such intersect.iorrs
unless the i'o1ia~e line is maintained at sufliciert IreiF-.rt to i.revent obstruction of
such sightliue.
These covenants are to run with the land and ~•ha11 be binding on all parties
and all persons claicainf* under ther;! for a p<riod of 25 years frerr the date these cove-
rrarrts are recorded, after tiri;ic~ tune said covenants shall be autorrat:icall; extended
1"or successive periods of 10 years unless an instrwnent signed by a rrajorit,T of the
t:,en owners of the lots has been recorded, a{geeing to chanr;e s;~ici covenara in whole
or in part.
X1. LP11~'O1tUE1,:'PrT:~
Enforcement shall be by proceedings at law or in equit,;r against any person or
person s violating or attempting to violate any covenants eiti;er to restrain violation
or• t.o recover dania,*,es, and failure or neflect to en.far•ce an; provision hereof ::;hall
not constitute a rovaiver or o,.erate as au estoppel.
XII, S}s'JBR~A~~~ILTTY:
Invalidation of any- one of these covenants by judgment or court order shall in
no wise affect arty of the other provisions which; shall remain in full force and effect.
IN 4VI'1'NESS r'U?'tsREOF, the said Avondale Gardens, Inc., a corporation, has caused
this instrrunent to be signed by its president and its secretary, its corgi-oration
sealed to ue affixed, and the said John A. Cooper, Lewis K. LTcKee, J. C. P,IcCaa, Hugh
Chalmers and J. C. Johnson have hereunto set their hands on this 4th day of October, 1952.
AT'rE:>T
AVONDAL!, G~IttUr~ba, 1NC,
!3Y J. C. Jo,,nsou /s/
Presic~en
John A, Cooper /s~
~P' ~;re ar--~---yr --
J. C. PicCaa /s/
Join A, Coy};er /s/
Letivis K. }IcKee /s/
iIufh Charners /-/
J. (~. Johnson ~s~
1~`
'I'hrreupon an ordir~ar:cc arir_e;~ing s_rid territory ~,r;s introduced in writiruo and
read in full by Alderman Foster.
Al;ierrnan pourers moved that th rule re:auirinr~ said or~xinarice to ue read in
E'uil on three different nays :~e su~pr>n-.led, and to-.t saiu ordinance be placed on
its second reading, r:wtion ,:as soconded by Alderman Finley, anu t:•ereafter the
Ivfayor put the question on the adoption oi' said motion, and the roll being called
the follev+in~:, voted;
Aye: Bollinger, Burroa;, Finley, Foster, anu i;'o~~ers.
1fay: Rorie.
1`ihereupon the )`.;ayor declared the motion duly passc;d acrd said ordinance t-laced
on its second reading. The ordinance ~°+as teen read the second time by Alderrrtan
Burrovv.
Alderman Bollin&er t;;en moved that said ordinance be now placed upon its final
adoption, motion was seconded b~- Alderman Fowers, and alter due consideration thereof
b,j* said Council, the ?Mayor put the question of tine adoption of the motion, and upon
the roll being called, the i'ollov+ini; voted;
11,;,'e; Bollinger, Burrow, Finley, Foster, and Powers.
Iday; None.
Whereupon the t;Iayor declared the P.?otion duly carried and said ordinance placed
upon its flea]. reading and adoption.
Said ordinance was read in frill by Alderman Bollirk;er v,l,o moved its adoption,.
seconded by Alderman Burrow, and alter due consideration t},ereof by said Council,
the taayor put the question upon the adoption of said mntyon, and upon passa;;e of
said ordinance, grid the, roll. being; called, the f'olloivinE~ voted;
";ye; '3o.iiinger, &.irrow, Finle;, Foster, anti Foirers.
YTay : ldone.
1~'Jherenpon the Mayor called to the Councils attention tt,at t.1re ordinance, adoY;ted,
contained an er!er errcy clause and sugl;ested that specii'ic action should be taker?. b.:
the Council on Lhis clause. 1`dhereupon motion was made b~~ Alderman Finley and duly
seconded by Alderman Foster tha; the e,ner~enc~* clause of said ordinance ce adot~t~d,
a.nd ti;e roll beir:g called, i.he follovrinL; voted;
Aye: Bollinger, Burrow, Finley, Foster, and Pourers.
?~iay: IQone
ti'Ihereupon the nla,,or declared said rnotiou duly adopted and said ordinance dug;
passes, and signed kris approval tc said ordinance and the City Cleric was directed
to spread the s2~ne upon the record oi' Ordinances of ti;e City of Vest l;tempi,is, Arkansas,
and to have same. publisred as required by law, and to nrn;ri~er said ordinance Ddo. 24a.
Said ordinance to ti+hich no a,nenrturc:nt was offered read as fellows:
ORi)f1,Al:Ck: NO, 2148
/'vP1 (~ ~l)iN~i1CL i1'CC2pii;l:{TII,, ~.~.i`. AiPi 'ii ~.1 ~'i'o[l:ti AUJACi-- !,~' 'c'U TiiL^ CITY GF' u;b..~T
."i'1.F i1S llr PI;E C'<RFU.'i 'E} LL:iI'i5 CF' '.'rig; i;ITi Gr' 'cJls:i L?.~:`1'fiIS,
'vJis.T~.ii:i, on the Lath da;,- of 1`iovember, 192, ti,ere eras sub,;ritted to the w:' ors
of the City of i'iest r;em~his, fire question oz w'.;ether or n:,t Avondale Carders
Subdivision should be anne.ced to the Cit~r of '~~~_st I„em~,:.is, and
id1;/iltAS, a : said election li~2u votes vrere cast in favor of said annexation
and 95 votes vrere cast a„a.inst sail arirreration, and
~r9}iF'!~p~S, it ap;.~eared that, a majorit,}r o1~ the voters oi' jaest ;'emr,his approved
said anr;exa+,.zon, and
,~ ~yy,r ;r,,,p,~ there was filed a petition iri tkre County Court of Crittenden County,
Arkansas, render proper resolutio;: of the City Council, said letit,ion heir„ signed
by the rna~~or and city clerk of the City oi' Fdest ?."emphis, petitioning the County
Court stating that it would be to toe best interest of the City of tiYest t,;enrl;tris
and the citizens thereof, t;rrat said territory he incorporated into the City of 1'Jest
?]emphis, and
';7?i)J'RI;AS, on the 23rd day of -ecember, 1952, the County Court oi' Crittenden
County, Arkansas, made an order arnc:xing said land thereon described to the City of
tiVest T,.?emr~his pursuant t.o said peti lion, and
i,'.LRi1S, more than 3U da-s have elaused since said orrl~r ;,aas ruade b the Count;;
Court of Crittenden County, Ar~lcansae, and no objections having been filed to said
{ order oi' annexatior_~ nuvv
~~ ~:
_ _ _ _
......... . ...... ............... .. ..........
TIiEREF03E, ?lE 1T 0[tDAT!'~Ell Br" THs CI'T'Y CUUPIC:CL OF TIIE CITY OF WEST I~;F:LiPIlIS:
SECTION 1. That the following described lands contiguous to and adjoining the
City o es p;Iemp~is~ Crittenden County, Arkansas to-tvit;
The South Half (S~) of Sec~i on One (1) Township
Six (5) Plorth~ Range Eil;ht (f}) East consisting of
320 acres of lands and known as Avondale Gardens
Subdivision.
A plat of said lands prepared by C. H. Bond,, Jr.~ Civil Engineers under date
of Novdmber 1~ 1952, is attached hereto and is made a part of this ordinance, acrd
that the said lands described are hereby annexed and accepted and incorporated into
the City of West Jsremphis, to be known as Avondale Carders Subdivision to the City
of 'lest l,~emphis.
S:LCTIUP 2. Fjner~enc;' Clause - It a~:pearine to t1,e Cit;,* Co~zncil ti~at the above
desr_riT~ec an s are contiguous and adj::cent to the Cit;;r of Frest Ilenrphis; ti.at said
lands are being sukdivided and sold ]:'or residential and other purloses; that it is
necesU:..ry that this Ordinan^_e be passed and said lands be incorporated into t}te Cityy
of Ydest 1}empi~is so the proper zoninp; ordinances may ~oe Massed and cor_struction
red*tzlated and supervised, an emerl;ency is declared to e.:ist aria ti.is ~'rdiziance shall
be in full force and effect from and after its passar~e az~d ap..roval.
It was brought to the Counci.lrs attention that the road running East and
r~lest along the South Boundary of Avondale Gardens had not been named. After
discussion of the matter, motion was made by Ald.erntan Foster: That upon consent
of former 1•!fayor P. M. llacus the road be named Dacus Road, The motion was seconded
by Aldeman Finley, and upon the matter being ca7.l.ed. to vote, the following voted:
Aye: Bollinger, Burrow, Finley, Foster, and F'owe:rs.
Nay: None.
Mayor Fordyce next arznouttced the meeting was open to receive quotations for motor
vehicles as per letters sent to the licensed automobile-truck dea7_ers in
West Memphis and one dealer out of the City. l~uotations were then presented by
the following firms:
Chalmers Motor Company
Chapm•ur Motor & Implement Company
DeWitt Donald Motor Company
Eden Pontiac Company, Inc.
Hol]_and Motor and Implement Company
Hull-Dobbs Company
Johnson Auto Company
Ben Kunkle Motor Company
PTcCaa Chevrolet Company
Patterson Hudson Sales
After reading the quotations, Mayor Fordyce advised that the matter wou7_d be
considered b,r the Council and decision announced at a later date.
Mr. Cecil Edmonds, of the West Memphis Junior Chamber of Commerce was
present in regard to the Traffic Control Froject. Alderman Finley reported
to the Council that the committee had studied the Fetition and found a
majority of the business people along Highways 51 and 70 had signed the
Petition and further action should be tdeen on the matter. The Council was
advised by P4r. Edmonds that Mr. A. Johnson of the Ar}cansas Hi-ghway Department
had heretofore advised that the Arkansas Highway Department would assist the
City in making an engineering survey if so desired. After discussion, motion
was made by Alderman Bollinger: That the Mayor be authori?ed to contact
Mr. A. Johnson of the Arkansas Highway Department and request assistance in the
survey. The motion was seconded by Alderman Foster, and upon the matter being
called to vote, the following voted:
Aye: Bollinger, Burrow, Finley, Foster, and Fowers.
Nay: None.
Piayor Fordyck; advised the Council. that he had been studying the value of
floridation for the Cityrs water system, and he was of the opinion it would be
advantageous to the citizens and the cost of floridation should be ascertained.
After discussion of the matter, motion was made, passed, and adopted: That the
' Coturcil recommend to the Light & ;later Cornnu.ssion that the cost of floridation
be included in the survey of the water distribution system being made by the
i firm of A71en & Fioshal.l.
,I,I
~~ F
_ ~C .~
The Bill of Assuranr•,e for Royal Gardens was presented by Attorney for the
developers of the project. After discussion of the matter, motion was made by
Alderman Finley: That the Bill of Assurance be approved. The motion was
seconded by Alderman Burro•,r. upon the matter being called to vote. the following
voted:
Aye: Bollinger, Burro•.a, Finley, Foster, and F'osrers.
Play: done.
BILL OF ASSU:2AP}C
iQ101~1 ALL P^~,P} Bi TF~S~s FRP:,i'sidTS:
That Advance Development Company, Istc. and J. F. '~lYteeler and Jessie D. hdilli_arns
~r7heelez°, his wife; A. C. Cliver and Virginia T. Cl.iver, his wife; Ba„vlus B. (?uacl;enboss;
i~7. K. Ingram and P1agalen Ingrrun, his wife; C. V. Good;~rin and T.iagg:ie Sue Good-rin, his
wife; C. H. Bond, Jr. and Fatrica G. Bond, his cai.fe; 'rI. ll. Bond and Ester Ruth ..J. Bond,
h:is wife; Ra:aen~ Bond; C. fi. Bond. and 12owena D. Bonn. his wife; A. ~7. Oliver and
Van H. 07.iver, his wife; ;i`. S. Danner and Lois Pi. .Danner, his wife; A. J. Thomas and
Evel~m GT. Thoma^, hi.s wife; Ro~mna D. Bond hold the title to the ibll_o~aing descri.be,3.
lands, anal Train Cities Development Company, Inc „ the holcie.r of an op+,ion on part of
said lands, situateiin the County of Crittenden, State of Arlcansa^,. to=,ait:
The East Half (E1) of the Southeast (:!carter
(SE}~rlest and 11or.'th of Ten-P4:i.1e Bayou, an3
the East Flalf (E';) of the Test Half (su1) of
the Southeast Quarter (SE') Plorth of Ten-P1ile
Ba-y~ou, and the llest Half (W~-) of the S°lest Ha:Lf
(6~1~) of the South.=.as~t Quarter (SEt) North of
I'en-'Mile BaSrou, a_il in Section Eight (8), To:arr-
ship Six (6) Horth, Range I`Tine (9) East.
The grantors, Advance Development Company, Inr,., has causaipart of said lands to be
surveyn:d, subdivided and Laid out i.n'.:o lots, bloc!a and streets, said part being:
The fractional. part of the ';lest Half' ('~~~) of
the ltiest Ha7_f' (i~'';) o.f the Southeast Quarter
(SF.') of Section Eight (8), Totmsh_p Six (~)
Pdorth, Ranee Ptine (91 East, Horth of Ten-Pule
Bayou record?} as Royal C=ardens Subr}i.vision
of record in Boole: , Page in the
Office of the Circuit Court Cleric and
~'x-Off i cie ecorder of Critten len Count,v,
Arkansas.
'.Che grantors, J, F. 6it~eele.r and Jessie U, 'rdilli~ans ';.'}reeler, his wife; A. C. Oliver
and Virginia T. C1.iver, his >•rife; Baurlu+; B. t~uac;cenbos; l~. Y. Ingram and ragalen Ingram,
his wife; C. V, Goodwin and Piaggie Sue Goor_i•,ai.n. his wife; C. H. Band, Jr. and
Fatrica G. Bond, his wife; l-v. D. Rend atld Ester Ruth J. Bond., his wife, Ro.rena Bond; and
C. H. Bond and To~•rena D. Bond, his vr:ife; A. ~7, Oliver and Van H, Oliver, his wife;
ld, S. Danner and Lois N. Danner, hint trir.'e; A, J. Thomas and Evelyn U?. Thomas, his wife,
Rowena D. Bond. the o:•nzers of the balanr•~ of the land hereinabove first described, and
Twin Cities Development Company, 7itc., ~.he holder of an option on part of these lands,
have entered intro $ris agreement for the pu.t°pose of agreeing that at such tune as the
land. be7.ong.n?~ to them shall be platted and put into lots and blocks in accordance with
the F. H. A,'s surges~ted revised plan dated. October 2)a, 1°52, that they will be bound
by the safeguards and restri.ction^ hereinafter referred to as "Subdivision Restriction:;"
as are pl.ared on the lots r.,ontained in Royal G;ardons Subdivision. Provide further that
nothing herein contained shall prevent t;he use of the properties belonging to said grantors
until such time as they have been platted into lots and blocks and made a Subdivi.sinn to
the Cit3r of iJest Piemph9.s, as .farm 7.andr, end .for the rai_r>i-n; of crops, but this r,7 ause does
not permit the erection o° farm bzil_din~rs or any buildings in connoct:i.on there.aith.
As a part o.f this Bill of Assuranr_e certain safeguards and restrictions. herei.na_Fter
referred to as "Subdi.vi.s-i.on Restrictions° are hereby placed on the lots of said plat
except as othertirise noted.
SUB )IV.CSIOPI RsS'PiICTIOS
1. LAP1D USE AP1D BULGDIPSG T3E~E. All lots shor:'n on the plat shall be 'moron and.
described as resi.denti_al lots and no buildings shall be erected, altered., placed or
permitted to remain on said lots other than one single-family dwelling not to exceed
tz~ro and one-half (21) stories i.n height, and a private garage for not more than t~ao
(2) cars, arzrl one (1) servants room.
~~
2. DWELLING COST AND SIZE'. no dwelling shall be permitted on any lot at a cost
less than Eight Thousand and P1o/100 (.8,000.00) Dollars based upon cost levels prevail-
ing on the date these covenants are recorded. The ground floor area of the main
structure, exclusive of one-story open porchase and garage, shal]_ be not less than
950 square feet for aone-story dwelling, her less than 750 square feet for a dwelling
of more than one story.
3. BI7I],D1pIG hOCATIOII. No bui_ldi.ng shall be located. on any lot nearer to the front
lot line than 30 feet, or nearer than 30 feet to any side street line. No building shall
be erected nearer than 10 feet to any interior lot line. PIo dwelling shall be located. on
any interior lot nearer than 60 feet to the rear lot line. For the purposes of this
covenant, eaves, steps, stoops and open porches shall. not be considered as a past of a
building and may project beyond building lines, provided, however, that this shall not
be construed to permit any pox•ti.on of a building on a lot to encroach upon arzothex• lot.
1~. LOT WIDTH AND AREA. PIo dwelling shall be erected. or p]_aced on any lot in this
tract having a width of less than f30 feet at the minimum building set-back. or an area of
less than 10,000 square feet.
5. SIGNS. No sign of any hind shall. be displayed to the public view on any ].ot
except one professional sign of not more than one square foot, one sign of not more than
5 square feet advertising the property for sale or rent, or signs used by a bui_ld.i_ng to
advertise the property during the construction and sales peri-od.
6. PROTECTIVE S(',RF'ENING. Pr:i.vate screening areas az'e established as shown on the
recorded plat; including a 15 foot strip of land on the residnzztia.l lots along the
property lines of Ten-Plile Bayou. Except as otherwise provided herein regarding street
intersect=i.ens under "SIGHT DISTANCE AT IPi'CERSICTIGl", platrti.ng, fences or walls sha7.1.
be maintained throughout the entire length of such area. by the of-mer or owners of the lots at
their own e}:.pence to form arz effective screen for the protection of the residential az•ea.
Pto building or structure except a screen fence or wall or utilities or drainage faci_li.ties
shall be placed or permitted to remain in such areas. No vehicular access over the areas
shala_ be permitted. e:;cept for the purpose of instal.latien and mai.ntenarzce of screening,
util_i i.es and drainage facili_ti.es.
7. SIGIPl' DISTANCE AT IIdTEl1.SF,CTI0P1. PIo fence, troll, hedge or shrub planting which
obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be
placed or pex•mi.tted 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 the
intersection of the street lines, ox• i.n the case of a roweled property corner from the
intersection of the street property lines extended.. The saute sight-line limitations
shall apply on any lot within 10 feet from the intersection of a street property line
with the edge of a drive-way or alley pavement. No trees shall be permitted to renzai_n
within such distance of such intersections unless the foliage line is maintained at
sufficient height to prevent obstruction of such sight line.
8. GARBAGE AND REFUSE DISF05AL. No lot shall be used or maintained as a dwnpi_ng
ground for rubbish. Tra.Sh, garbage or other waste shall not be dept e~:cept in sani-
tary containers. All. incenerators or other equipment for the storage or disposal. of
such material shall be kept in a clean and sanitary condi_ti.on.
9. EASITR.PITS. Perpetual easements for installation or maintenance o.f utiliti_es and
drainage facilities are reserved as shown on this plait.
10. T);RNI. These covenants az•e to run with. the land and shall be binding on a].1
parties and all persons claiming under them for a period of 25 years from the date these
covenants are recorded; after which tithe said covenants aha1.1 be automatically extended
for successive periods of 10 years unless an instrument signed by a majority of the then
o•.aners of the 7_ots has been recorded, agreeing to change said covenants in whole or in
part.
11. EDIFOr22CP,PIEPd'i'. Enforcement shall be by proceedings at law or i.n equity against
any person or persons violating or attempting to violate any covenants either to
restrain violation or to recover damages, and failure or neglect to enforce arty pro-
vision. hereof shall not consi:itute a waiver or operate as an estoppel.
12. SEVERABIL:ITY. Invalidation of arty one of these covenants by judgment or
court order sha]_.l_ in no wise affect any of the other provisions which shall remain
in full force and effect.
IId WITPIESS IJFlEREO£' the said Advance Development Company, Inc., a corporation, and
the Tcrin Cities Development Company. Inc. haze caused. ttris instrument to be signed by
their respective Fresidents and attested by their respective Secretares and their
corporate seals to be affixed hereto and the said J. F. LdYzeel.er and Jessie D. bJil].i.ams
Wheeler, his wife, and the other otme:^s named herein have herewito set their hands and
sea]_s this day of January, 1953.
ADVANCE DEVJs'LOPY~IENT CUMFAP~IY, INC.
By:
Fresideri£
ATTliST:
Secretary
I
t
z'alrr cIT7Ls DEVFs'LOPI~FErIT corIPANY, 7rtc.
By: _
~~~! President
ATTES'P
- Secretary
C. V. Goodwin °---U"'F;`"w ee er ~~
Pnaggie Sue Goodrain - Jessie U. Williams Wtreeler~
C H. Bond, Jr.~~~ ~ A. C. Oliver
Patrica GT~Bond y Virginia T. Oliver i~
____ Tr7. D. Bond^ ~ Baylus B. ~uacl~enboss -
EstF~er Ruth J. Bond I+;. K. Ingram
-- Rowena Bond ! ' I~lagalen Ing'rani -!-'
trT. 5. Danner -- - C. H. Bond. --
Lois DF. Danner - Roirena D. Bond ~ -
A. J. Thomas ___._ - A. iT. Oliver - - -
!~ E~relyn il. Thoma ~ -'~ Van H. Oliver ~+--`-_~_
A letter to the Federal.Fiousing Admini.strati.on was requested. by the Attorney for
Royal Gradens, hoeaever, the matter was taken under consideration by the P4ayor and
Counri.l.
No further business appearing before the Council, motion t~ras made by Alderman
Bol7.inger and seconded by Alderman Fowcrs to adjourn the meeting. Upon the matter
being called to vote, the fol7_owing voted:
Aye: Bo17_inger, Bux•rozr, Finley, Foster, and Powers.
Nay: None.
~/ ,f
_V.-- ~ --- -- -
',
PIIIYriR
ATTEaT:
~~~~ ...
CITY CI~ERI~
APPROVED: Ff~;BRU1lFtY 17, 1953