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HomeMy WebLinkAboutBill of Assurance 072721Instrument# 2019030210 Page 1 of 11 1111111111111 2019030210 PRESENTED: 05-16-2019 02:52:33 PM RECORDED: 05-16-2019 03:12:49 PM In Official Records of Terri Hollingsworth Circuit/County Clerk PULASKI CO, AR FEE $65.00 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE (Lot 3, Morgan Addition) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Industrial Properties Limited Partnership, an Arkansas limited partnership, acting by and through its duly authorized and empowered General Partner, David M. Lasater, hereinafter referred to as the "Allottor", is the owner of the following described land in the County of Pulaski, State of Arkansas, to -wit: LEGAL DESCRIPTION PART OF THE N1/2 OF SECTION 16, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 16, THENCE NORTH 88 DEGREES 23 MINUTES 45 SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 16, 3002.89 FEET; THENCE SOUTH 02 DEGREES 07 MINUTES 06 SECONDS EAST 366.07 FEET; THENCE NORTH 88 DEGREES 21 MINUTES 48 SECONDS WEST 60.13 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 02 DEGREES 10 MINUTES 13 SECONDS EAST 496.45 FEET TO THE NORTH RIGHT OF WAY LINE OF AR STATE HWY #10 PER AHTD JOB NO.60290; THENCE ALONG SAID NORTH RIGHT OF WAY LINE NORTH 60 DEGREES 31 MINUTES 17 SECONDS WEST 257.22 FEET; THENCE NORTH 01 DEGREES 36 MINUTES 15 SECONDS EAST 375.22 FEET; THENCE SOUTH 88 DEGREES 21 MINUTES 48 SECONDS EAST 194.82 FEET TO THE POINT OF BEGINNING. CONTAINING 2.086 ACRES, MORE OR LESS. AND WHEREAS, it is desirable that all of the above described property be platted. NOW THEREFORE, WITNESSETH: -1- Instrument# 2019030210 Page 2 of 11 DECLARATION That the said Allottor, for and in consideration of the benefits to accrue to it and its successors and assigns, which benefits it acknowledges to be of value, has caused the land hereinabove described to be surveyed and a plat (hereinafter referred to as the "Plat") made thereof by Daniel W. Havener, a Professional Land Surveyor, License Number 1542, and Timothy M. Daters, a Professional Engineer, License Number 5033, said Plat bearing the signature of the said Surveyor and Engineer and being of record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in Plat 2O 1610 30 2. 11 and the Allottor does hereby make this Declaration of Restrictive Covenants and BiV of Assurance. X61-11 1309 S 151 6a Iq IN FURTHERANCE THEREOF, Allottor warrants and represents that it has laid off, platted and subdivided, and does hereby lay off, plat and subdivide the land herein described, in accordance with the aforesaid Plat. The land embraces in said Plat shall be forever known as: Lot 3, Morgan Addition, Pulaski County, Arkansas, as.shown on the Plat; and any and every deed of conveyance of any lot or tract in said Addition describing the same by the lot number shown on said Plat .shall always be deemed a sufficient description thereof. Furthermore any word contained herein shall be read as the singular or the plural and as the masculine3, feminine or neuter gender as may be applicable in the particular context. Furthermore the following words shall have the meanings attributed to them below: (i) "Lot" means the plat of land shown, identified and platted by and depicted on the Plat as a lot. (ii) "Owner" means the record title holder, whether one or more, persons or entities (including the Allottor, while Allottor remains vested with fee simple title to the Lot), of fee simple title to the Lot, but excluding any person or entity merely holding a lien on or security interest in the Lot. There are strips of ground shown and dimensioned on said Plat marked as "Drainage Easement" or some variation thereof, which Allottor hereby donates and reserves for the use of and by the Allottor, the Owner, any municipal corporation or other governmental or public agency, including public utilities, utility departments and providers in the provision of utilities to the Lot and to any lands now owned or hereafter -2- Instrument# 2019030210 Page 3 of 11 DECLARATION acquired by the Allottor and for drainage purposes, subject at all times to the proper authorities and to the easements and restrictive covenants herein reserved. The Owner of the Lot, and all persons, natural and artificial, claiming an interest in the Lot, shall take their titles subject to the grants, rights, easements, privileges and reservations herein contained, including but not limited to, the rights of the public and public utilities in and to the easements shown on the Plat. The Lot in this Addition shall be sold or conveyed by the Allottor and shall be purchased, acquired, owned; possessed, held and occupied subject to the covenants, restrictions and provisions set forth above and as follows, each of which and all of which shall be covenants running with the said lands above described, and shall be binding upon any Owner and their respective heirs, successors and assigns, in order to maintain the lands above described as desirable property, to -wit: ARTICLE I LAND USE The Lot shown on the Plat shall be held, owned and used only for those uses and purposes prescribed by the zoning classification applicable to the Lot from time to time pursuant to the Code Ordinances for the City of Little Rock (the, "Code") in effect from time to time, unless otherwise shown on the Plat. No buildings, structures or other improvements shall be erected, placed, altered, reerected or permitted to remain on or upon the Lot other than in conformity with the applicable provisions of the Code and the provisions hereof, including in particular but not limited to the Design Standards as prescribed in Article II below. ARTICLE II ARCHITECTURAL CONTROL (a) Purpose. The Allottor is desirous of providing and maintaining harmony of external design and location in relation to the Allottor's adjoining property and, for this purpose, herein imposes the following restrictions, duties, obligations and responsibilities as hereinafter set forth. (b) Design Standards.I It is the intention of the Allottor that the Lot be developed and maintained in a manner to enhance both the Lot and the Allottor's -3- Instrument# 2019030210 Page 4 of 11 DECLARATION adjoining properties. In furtherance of and in keeping with that purpose, the Allottor has promulgated DESIGN STANDARDS (herein referred to as the "Design Standards", the same being incorporated herein by this reference), which depict the standards with respect to size, area, style (including a requirement that all roofs be sloping), height of building, lighting, irrigation, exterior color, types of building material, landscaping, and other similar and related matters and standards to which any proposed construction on the Lot must conform. The Design Standards as may be promulgated and amended from time to time by the Allottor, in its discretion, shall be available for inspection at the Offices of the Allottor or such.other location as is directed by the Allottor from time to time. (c) Requirements Before Construction. Prior to commencement of any proposed construction of a building, structure or other improvement upon the Lot or part thereof, the Owner of the Lot shall submit to the Allottor the following documentation with respect to any proposed construction, collectively referred to as the "Plans and Specifications", which said Plans and Specifications shall be prepared in conformity with the Design Standards then in effect, to -wit: (i) Plot or Site Plan accurately depicted the location of tire proposed building, structure and improvements on the Lot in relation to the boundaries of the Lot, (ii) The complete Building Plans, including. detailed Floor Plans, of the proposed building, structure or other improvement, (iii) Front, rear, right and left elevations of the proposed building, structure or other improvement, (iv) General Plan of Landscaping, (v) Specifications reflecting the choice of exterior building materials and color scheme of the proposed building, structure or other improvement, (vi) Such other documentation and plans as the Allottor may request No proposed construction shall be commenced and no building, structure or other improvements shall be erected, placed, altered, reerected or permitted to remain on or upon the Lot until the Plans and Specifications have been approved in writing by the Allottor or are deemed approved by the Allottor has prescribed below. -4- Instrument# 2019030210 Page 5 of 11 DECLARATION (d) For purposes hereof, the term "proposed construction" shall include, but shall not be limited to, new construction or reconstruction of a building, structure or other improvement (including but not limited to, parking lots and driveways, sidewalks, exterior lighting, walls and fences), remodeling, adding to, repainting or modifying an existing building, structure or other improvement, including but not limited to, parking lots, installation of a fence or wall, the construction, remodeling, repainting or reconstruction of outbuildings or other accessory structures and installation of any exterior lighting or signage, The Allottor shall review the documentation submitted. All documentation delivered to the Allottor shall become the property of the Allottor and shall be retained as a permanent record. The Allottor shall have 30 days from and after receipt of all of the required documentation, which receipt shall be in writing acknowledged by the Allottor, to approve or disapprove any aspect of the proposed construction as depicted in the Plans and Specifications. The Allottor shall not be liable in damage to any person submitting requests for approval or to any Owner of the Lot by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to any request hereunder. Any disapproval shall be in writing and shall specify in detail the basis for such disapproval and, as appropriate, modifications which, if made, will render the proposed construction as depicted. in the Plans and Specifications acceptable. In the event that the Allottor neither approves nor disapproves the proposed construction as depicted in the Plans and Specifications within 30 days of receipt of the hereinbefore described documentation, the proposed construction as depicted in the Plans and Specifications shall be deemed to be acceptable and this provision of this Declaration shall be deemed fully complied with and the construction may be commenced. Notwithstanding anything to the contrary herein contained, no Proposed construction of any type or variety shall be commenced on any Lot and no building, stricture or other improvements shall be erected, placed, altered, reerected or permitted to remain on or upon the Lot until the Plans and Specifications have been approved in writing by the Allottor or deemed approved by the Allottor. Construction of any proposed construction approved by the Allottor or deemed approved by the Allottor shall, once commenced, .be prosecuted diligently to completion no later than eighteen 08) months after commencement. (e) Compliance. Each Owner of the Lot covenants, as a covenant running with the land, and agrees to comply with the Design Standards in connection with any proposed constriction and no building, structure or other improvement shall be erected, placed, altered, reerected or permitted to remain on or upon the Lot except if such building, structure or other improvement is constricted, maintained and repaired in conformity with: (i) the Plans and Specifications as approved by the Allottor or deemed approved and 00 the provisions of this Declaration. -5- Instrument# 2019030210 Page 6 of 11 DIECLARATION ARTICLE III BUILDING LOCATION No building shall be located, constricted, erected, placed, altered, reerected or permitted to remain on or upon the Lot nearer to the front lot line, rear lot line and side lot lines than the minimum building setback lines shown on the Plat, without the written consent of the Allottor,'which consent may be withheld in the Allottor's sole discretion. For the purposes of this paragraph, balconies, open steps and open porches shall not be considered as a part of the building. ARTICLE IV LOT SUBDIVISION The Lot shall not be subdivided or resubdivided or replatted without the written consent of the Allottor, which consent may be withheld in the Allottor's sole discretion. ARTICLE V EASEMENTS Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage are hereby granted to and reserved for the use of the persons, firms or entities engaged in supplying utility services, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, cable, water and sewer, for the purpose of installing, maintaining, repairing and replacing such utility services on, over, under and across the Lot, said easements being of various widths, reference being hereby made to the Plat filed herewith fora more specific description of width and location thereof. ARTICLE VI UTILITIES The Owner of the I.ot shall install and maintain, it) conformity with applicable code requirements and the Design Standards in effect from time to time, ground utility services, including, if available, electrical, water, cable and telephone service between the point of delivery of such utility service as located by the utility company and the point of use of such Owner. An individual sewerage disposal system shall be permitted to be constructed or operated on the Lot. No television dish, antennae or similar equipment shall be installed on the Lot without the prior written consent of the Allottor. M (Instrument# 2019030210 Page 7 of 11 DECLARATION ARTICLE V11 NUISANCES No noxious or offensive activity shall be carried on upon the Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the owner of the Lot. Owner further agrees to keep the Lot free from trash, debris, and overgrown vegetation. If such does accumulate and Owner does not promptly remove such upon notification by Allottor, the Allottor shall have the right to pe cleanup work as is necessary and Owner shall reimburse Allottor for the cost thereof. rform such ARTICLE VIII PARKING AND STORAGE OF MOTOR HOMES, ETC. No motor homes, camper trailers, travel trailers, buses, utility trailers or boats and boat trailers shall be permitted to be parked, stored or remain upon the Lot, unless same is parked or stored and remains in a frilly enclosed building. ARTICLE IX EXTERIOR MAINTENANCE All buildings, structures and other improvements constructed, erected and reerected on the Lot and all yards and landscaping thereon shall be maintained in a good state of repair, neat and attractive manner by the Owner thereof The Owner's maintenance obligations shall include, but not be limited to, prompt removal of all litter, trash, refuse and waste, lawn mowing, tree and shrub pruning, watering, keeping exterior lighting and mechanical facilities in working order, keeping lawn and landscaped areas (including all areas between the lot lines and the curb line of Arkansas State Highway 10) alive and free of weeds and attractive, keeping parking areas and driveways in good repair, complying with all applicable governmental rules and regulations, repainting, and repairing exterior damages. ARTICLE X PROPERTY LINES AND BOUNDARIES Iron pins have been set on all lot corners and points of curve, and all lot dimensions shown on curves are chord distances, and all curve data as shown on the Plat are centerline curve data. In the event of minor discrepancies between the dim ens distances as shown on the Plat and the actual dimensions or distances as disclose neions or established pins, the pins as set shall control, d by ti -7- Instrument# 2019030210 Page 8 of 11 DECLARATION ARTICLE XI ADDITIONAL PROPERTY (a) If Allottor owns or acquires additional lands, which the Allottor desires in its sole discretion to develop in a fashion generally consistent with the development of the hereinbefore described lands, hereinafter referred to as the "Additional Lands"; then the Allottor, in its sole discretion, shall have to right, but not the obligation, to annex said Additional Lands to this Addition and cause the same to be governed by covenants similar to the covenants herein set forth. (b) Annexation to the Addition of the Additional Lands by the Allottor, from time to time, may be made by filing of record a Declaration of Restrictive Covenants and Bill of Assurance adding and annexing the Additional Lands therein described to the Addition by simply stating that said Additional Lands as therein described are platted as Part of the Addition and are subject thereby to covenants similar to the covenants herein set forth and to the extent thereof. (c) UNDER NO CIRCUMSTANCES shall this Declaration of Restrictive Covenants and Bill of Assurance or any subsequent annexation or addition to this Addition bind or require the Allottor to make any annexation or addition to this Addition or to adhere to any development plan, regardless of how that development plan is published or presented, in any subsequent development of any lands now owned or hereafter acquired by the Allottor. Nor shall the Allottor be precluded from conveying any lands it now owns or hereafter acquires, not expressly made subject to the terms and provisions hereof, free and clear of not only the terms, provisions and covenants herein contained but any similar covenants or restrictions. (d) Except as herein allowed, there shall be no other annexation or addition of lands into the Addition without the.prior written consent of the Allottor. ARTICLE h11 RIGHT TO ENFORCE The restrictions, covenants and provisions herein set forth shall run with the Lot and shall bind the present owner, their heirs, successors and assigns and any Pei -son, natural or artificial, hereinafter owning the Lot. After conveyance of the Lot, Allottor shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to -8- Instrument# 2019030210 Page 9 of 11 DECLARATION prevent the breach or to enforce the observance of, the restrictions herein set forth, in addition to any ordinary legal action for damages. The failure of Allottor to enforce any of the'restrictions hereby set forth at the time of its violation, shall, in no event, be deemed to be a waiver of the right to do so thereafter. ARTICLE XIII . MODIFICATION OF DECLARATION Notwithstanding any provision, restriction or covenant herein contained to the contrary, the Owner of the Lot may by a written instrument amend, modify, extend, change or cancel, in whole or in part, any and all of the terms, conditions, covenants, provisions and restrictions hereof; PROVIDED, HOWEVER, any such amendment, modification, extension, change or cancellation, in order to be effective and enforceable, must be approved and consented to in writing by Allottor, such approval to be in the sole discretion of the Allottor; otherwise the attempted amendment, modification, change or cancellation shall be ineffective and unenforceable. The provisions of any such instrument so executed shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. Each term, condition, covenant, restriction and provision in this Bill of Assurance, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2040. ARTICLE XIV ASSIGNMENT AND BINDING EFFECT Allottor expressly reserves the right to assign in writing the Allottor's rights and other person shall only succeed to the rights and obligationobligations hereunder to. another person, natural or artificial; provided, however, such s of the Allottor upon recordation of such an assignment executed by the Allottor which expressly and specifically assigns the Allottor's rights and obligations hereunder and a conveyance of the Lot will not be deemed such an assignment to the purchaser thereof. ARTICLE XV EXTENSION All covenants for which extension is not otherwise provided in this instrument shall automatically be extended for successive periods of ten (10) years each, unless modified, terminated or canceled as provided herein. -9- (Instrument# 2019030210 Page 10 of 11 DECLARATION ARTICLE XVI SEPARABILITY Invalidation of any restriction set forth herein, or any part thereof by an Order Judgment. or Decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or any part thereof as set forth herein, but they shall remain in full force and effect. EXECUTED this 8th day of May , 2019. Industrial Properties Limited Partnership, an Arkansas limited partnership, by and through its duly authorized and empowered General Partner MOM MIMMINOMMIM -10- Instrument# 2019030210 Page 11 of 11 DECLARATION 'ARAAW5A5 '%Obldk KNOWL E DGMENT On this 8th day of May , 2019, before me a Notary Public, duly commissioned, qualified and acting, within and for the County and State aforesaid, appeared in person the within named David M. Lasater to me personally well known, who stated that he was the General Partner of the Industrial Properties Limited Partnership, an Arkansas limited partnership, and was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of the said limited partnership, and further stated and acknowledged that he 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 8th day of May , 2019. My commission expires: �l / 13 /ORq- �ki;;s ti LISA KILBY MY COMMISSION # 12400789 EXPIRES: September 13, 2024 Pulaski County Notary Public Rcv'�,� ; ly for inclusion cf minlmum etandsrda required E ;r the City of Utdo Roc.:t suPrd;al,fon r��!alt tl�n9, Biil of A-s-surcT,og provisiJt?p, o.Sl:''z'!-.`3i?od ':iv�ilir „ic•./ CX�'.'"a.. ri ill�nJ„i i.c.�,..,�ucrld ei i� i� We jRock subdivision and zoning ordinances. City of U'Ve Ro&, Planning Co ir,m