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HomeMy WebLinkAboutletter Brown to Lieblong Bill of AssuranceBrowi_, Schwander, Greene t, Sloan A Professional Limited Company Charles A. Brown, P.A. L. Howard Schwander, III, P.A. Alice Ward Greene, P.A. R. Brannon Sloan, Jr., P.A. July 29, 1998 Dr. Daniel A. Lieblong, D.D.S. 8822 Chicot Road Little Rock, AR 72209 Attorneys at Law 1295 Zbwer Building 323 Center Street Little Rock, Arkansas 72201 Phone (501) 374-7582 Fax (501) 374-7584 RE Bill of Assurance for Lots 1-8, Turley's Replat of Tracts 5, Crystal Valley Glen Subdivision tot he City of Little Rock, in Pulaski County, Arkansas Dear Dr. Lieblong: Please find enclosed an original and two (2) copies of the Bill of Assurance, which we have worked up. You will note that we still need to put in the data involving the survey plat and attach a copy of the plat to it. I think we have covered all of the matters you were concerned about. Please review, and proceed to have persons to sign it. Please find enclosed our up-to-date bill for services. Yours very truly, Charles A. Brown L CAB : rr Encls. I� i REPLACEMENT REPLAT AND BILL OF ASSURANCE OF LOTS 1-8 TURLEY'S REPLAT OF TRACT 5, CRYSTAL VALLEY GLENS SUBDIVISION TO THE CITY OF LITTLE ROCK, ARKANSAS GLOBIE LOCKETT, and JEAN LOCKETT, his wife JOHN B. BOYD, and NITA O. BOYD, his wife CORY BENNETT, and CARLA BENNETT, his wife DANIEL A. LIEBLONG, and LOUISE LIEBLONG, his wife WAYMON D. HAMILTON, and INA FAYE HAMILTON, his wife TO THE PUBLIC WHEREAS, Globie Lockett and Jean Lockett, his wife; John B. Boyd and Nita O. Boyd, his wife; Cory Bennett and Carla Bennett, his wife; and Daniel A. Lieblong and Louise Lieblong, his wife; and Waymon D. Hamilton and Ina Faye Hamilton, his wife, hereinafter called "Grantors", are the legal and equitable owners of the following described lands, to -wit: "Lots 1 through 8 Turley's Replat of Tract 5, Crystal Valley Glens Subdivision to the City of Little Rock, Arkansas" And, WHEREAS, it is deemed desirable that all ofthe above-described property be re -platted and re -dedicated into building lots, tracts and public access and utility easement areas, as shown on the attached plat, and said property be held, owned and conveyed subject to the protective covenants herein contained, Now, Therefore, WITNESSETH: Grantors do hereby certify that they have caused said tract of land to be surveyed by Robert C. Lowe, Jr., and have caused him to prepare a plat thereof made, which is identified by the title, Replat and Bill of Assurance of Lots 1 - 8, Turley's Replat of Tract 5, Crystal Valley Glens Subdivision to the City of Little Rock in Pulaski County, Arkansas, and dated the day of _ . 1998, and said plat bears the signature of said surveyor and registered engineer and the Grantors, and bears a certificate of approval executed by the Little Rock Planning Commission and is a record in the Office of the Circuit Clerk and Ex -Officio Recorder of Pulaski County, Arkansas, in Plat Book , and the Grantors do hereby make and declare this Bill of Assurance to the public. The Grantors do hereby certify that such land is laid off, platted and subdivided and does hereby lay off, plat and subdivide said real estate as the Replacement Replat and Bill of Assurance of Lots 1-8, Turley's Replat of Tract 5, Crystal Valley Glens Subdivision to the City of Little Rock, Pulaski County, Arkansas, and each and every deed of conveyance for any lot or tract in said Addition describing the same by number or numbers as shown on said plat, shall always be deemed a sufficient description thereof. The Grantors hereby dedicates to the public forever the 5 foot utility easements on the outer perimeter as shown upon the plat, and the Access and Utility Easements reflected thereon. Any previously recorded restrictions, dedications, measurements, and conditions of any Plat, Replat, Bill of Assurance, or any amendment of record thereto, of the dedications affecting any of the 2 described lots that are contradictory to this document and the Plat filed contemporaneously herewith are modified hereby; except that the dedications of the right-of-way for Crystal Hill Road is unaffected. The filing of this Plat and Bill of Assurance of record in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and dedication of the easements shown on said plat and the public service easement in said Replacement Replat and Bill of Assurance of Lots 1-8, Turley's Replat of Tract 5, Crystal Valley Glens Subdivision to the City of Little Rock, Arkansas. Said land herein platted and any interest therein shall be held, or conveyed, subject to and in conformity with the following covenants which, subject to being amended or canceled as hereinafter provided, shall be and remain in full force and effect until December 31, 2018. That the use of any Access and Utility Easements reflected on the plat shall be for public utility easements and these dedications and easements incorporated by reference and may be deposited in the archives of the City of Little Rock, Building Permits Division. 1. LAND USE AND BUILDING TYPE. Said land in Lots 1 through 7 as herein platted shall be held, owned and used only for 0-1 Office uses, as presently defined in the Code of Ordinance of the City of Little Rock. Lot 8 of the land platted herein shall beheld, owned and contracted to be used for commercial purposes. 2. LOT AREA AND WIDTH. No office, business or residence shall be erected, altered or permitted to remain on any lot platted for the purpose set forth in Paragraph 1, supra, as shown on the Replacement Replat and Bill of Assurance of Lots 1-8, Crystal Valley Glens Subdivision to the City of Little Rock, Arkansas, if the lot area or building site is less than 31,800 square feet. Two or more lots may be combined for one building site. No lot shall be further subdivided without 9 written consent of all the Grantors and of the Little Rock Planning Commission first had and obtained. 3. NQNDAUM PRINCIPAL DWELLING SIZE. No office or residence shall be erected, altered or permitted to remain on any lot platted as Replacement Replat and Bill of Assurance ofLots 1-8, Turley's Replat of Tract 5, Crystal Valley Glens Subdivision to the City of Little Rock, Arkansas, unless the lower floor area thereof, exclusive of porches, patios, carports, garages and breezeways, shallbe at least 750 square feet. The term "lower floor," as used in this paragraph, shall include living, dining, sleeping areas, office complex, waiting rooms, administrative areas, which areas may also be on different levels. No building, fence or walls shall be constructed on Lots 1 through 8, nearer to the street than the 25 foot building line as shown on said plat. Additionally, no building or permanent wall shall be constructed over any access easement or utility easement shown on the outer perimeters of all lots, as shown on said plat. 4. TEMPORARY STRUCTURES. No trailer, tent, shack, garage, hutment, barn, or other structure of a temporary character on said lands shall at any time be used or occupied as a residence, temporarily or permanently. 5. SIGNS. Except for the subdivision identification signs, no billboard, poster, or sign shall be placed or permitted to remain on Lots 1 through 7, or a building site; provided, however, one sign per side per office lot or building site not exceeding forty (40) square feet in area may be displayed advertising the offices, businesses, and occupation of the occupants or for sale, or rent; and, signs used by the Grantors or a contractor may be displayed to advertise the property during the construction and sales. 6. FENCES, WALLS, HEDGES, ETC. No fence, wall, hedge or mass planting shall be 0 permitted to extend beyond the minimum front building setback line on Lots 1 through 7, except any screening fence, wall, hedges, etc. approved by the Public Works Department of the City of Little Rock. 7. PUBLIC UTILITIES. All dwellings and other structures erected upon any lot as shall be served by all public utilities, including public sewer. 8. EASEMENTS. No building, trees, permanent fences, incinerators, paved driveways, or any other permanent structure or improvement of any kind, whether specifically enumerated or not, shall be built or maintained, within the area of the easements located on the outer perimeter of each lot, and no alteration, including grading, filling, excavation, or other site work may be done within the area of such easements, if such work may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels, or which may obstruct or retard the flow of water through drainage channels; and, in the event of any such obstruction is placed hereon in violation of this restriction or reservation, no public authority will be liable for the destruction of same in maintaining or repairing its lines located within the area of said easements. 9. LIVESTOCK AND POULTRY. No animals, livestock or poultry or exotic animals of any kind shall be raised or kept, except that dogs, cats or fully domesticated pets may be kept, provided they are not kept or maintained for any commercial purposes, nor shall the maintenance thereof constitute a nuisance. 10. PROPERTY LINES AND BOUNDARIES. Iron pins have or will be set on lot or building site corner. In the event there are minor discrepancies between the dimensions or distances as shown on the attached plat, any actual dimensions or distances as disclosed by the established pins, 5 the original pins as set shall control. 11. BOATS AND VEHICLES OTHER THAN AUTOMOBILES. No houseboat, no camper, residential mobile home, or recreational vehicle, operative or inoperative, shall be maintained or permitted to remain ungaraged for more than fourteen (14) days on any building site. No inoperative or disassembled motor boat, houseboat, camper, trailer or recreational vehicle, or automobile, or other type of vehicle, shall be maintained, abandoned, stored or permitted to remain on any lot. 12. ENFORCEMENT. In the event of any attempt to violate any of the covenants and restrictions herein contained before the expirational due date hereof, it shall be lawful for any person or persons owning a lot or lots herewith replatted to prosecute any proceedings at law or in equity against the person or persons violating or attempt to violate such covenant or restriction, and either to prevent him or them from doing so or to recover damages in any court of law for such violation. 13. AMENDMENT. These covenants and restrictions may be canceled or amended, if an instrument signed by the owners of at least five (5) of the eight (8)lots herewith replatted are placed of record agreeing to change the covenants and restrictions in whole or in part, and the provisions of this instrument so executed shall be binding from the date it is duly filed of record in the Office of the Circuit Clerk and Recorder for Pulaski County, Arkansas. The right to so amend, modify, extend, change and/or cancel as aforesaid shall exist at all times prior to January 1, 2018, or during any automatic extension hereof, and shall also exist at all times during each and every successive period for which these covenants, restrictions, requirements, and provisions of the Bill of Assurance are extended. On December 31, 2018, this Bill of Assurance shall automatically extended for a period of five (5) years, unless and except, if there be filed by the owners of at least five (5) of Z the eight (8) lots within this Replat, an objection to such extension; and, in such event, such filing shall terminate the automatic 5 -year extension of the covenants and restrictions in this Bill of Assurance. 14. SEVERABILITY. The invalidation of any one of these covenants or restrictions by judgment of a court of competent jurisdiction shall in no effect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, the said Grantors have caused these presents to be executed this day of GLOBIE LOCKETT JEAN LOCKETT CORY BENNETT CARLA BENNETT WAYMON D. HAMILTON ..; 7 DANIEL A. LIEBLONG LOUISE LIEBLONG INA FAYE HAMILTON ACKNOWLEDGMENT STATE OF ARKANSAS ) )ss COUNTY OF PULASKI ) Appeared before the undersigned Notary Public, duly commissioned, qualified and acting within the County and State aforesaid, Globie Lockett and Jean Lockett, his wife, to me well known and satisfactorily proven to be those persons signing the foregoing instrument, and acknowledge that they had signed the instrument for the purposes and considerations therein contained and set forth. IN WITNESS WHEREOF, I set my hand and official seal this day of 1998. My Commission Expires: STATE OF ARKANSAS ) )ss COUNTY OF PULASKI ) NOTARY PUBLIC ACKNOWLEDGMENT Appeared before the undersigned Notary Public, duly commissioned, qualified and acting within the County and State aforesaid, Cory Bennett and Carla Bennett, his wife, to me well known and satisfactorily proven to be those persons signing the foregoing instrument, and acknowledge that they had signed the instrument for the purposes and considerations therein contained and set forth. IN WITNESS WHEREOF, I set my hand and official seal this day of 1998. My Commission Expires: STATE OF ARKANSAS ) )ss COUNTY OF PULASKI ) NOTARY PUBLIC ACKNOWLEDGMENT Appeared before the undersigned Notary Public, duly commissioned, qualified and acting within the County and State aforesaid, Waymon A Hamilton and Ina Faye Hamilton, his wife, to me well known and satisfactorily proven to be those persons signing the foregoing instrument, and H., acknowledge that they had signed the instrument for the purposes and considerations therein contained and set forth. IN WITNESS WHEREOF, I set my hand and official seal this day of 1998. My Commission Expires - STATE OF ARKANSAS ) )ss COUNTY OF PULASKI ) NOTARY PUBLIC ACKNOWLEDGMENT Appeared before the undersigned Notary Public, duly commissioned, qualified and acting within the County and State aforesaid, Daniel A. Lieblong and Louise Lieblong, his wife, to me well known and satisfactorily proven to be those persons signing the foregoing instrument, and acknowledge that they had signed the instrument for the purposes and considerations therein contained and set forth. IN WITNESS WHEREOF, I set my hand and official seal this day of 1998. My Commission Expires: This Instrument Prepared by: NOTARY PUBLIC Charles A. Brown Brown, Schwander, Greene & Sloan, P.L.C. 323 Center Street, Suite 1295 Little Rock, AR 72201 (501) 374-7582 6