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HomeMy WebLinkAboutBill of Assurance87_44106 FILED 8a RECORDED C -,�t3BILL OF ASSURANCE IJu/ JUL -8 PH 3: 14 KNOW ALL MEN BY THESE PRESENTS: COUETTA ALE ANDEI I•J.ASKI CO. CIRCUIT CLERK THAT, WHEREAS, Orbit Valve Profit Sharing Plans A & B, 7500 Interstate Dr., Little Rock, Arkansas 72209 , is the sole owner of the following described lands lying in the county of Pulaski, State of Arkansas, to wit: PROPERTY DESCRIPTION Part of the West 1/2 of the Northwest 1/4 lying North of the North Right -of -Way line of Interstate N30 (U. S. Highway 67-70) in Section 36, T-1-N, R-13-W, Pulaski County, Arkansas, more particularly described as follows: Commencing at the Northwest corner of Section 36, T-1-N, R-13-W, Pulaski County, Arkansas; thence South 00°30'37" East a distance of 1259.85 feet; thence North 89°29'23" East 388.64 feet to the POINT OF BEGINNING; thence continuing North 89°29'23" East 641.26 feet; thence South 00009'00" East 414.64 feet to a point lying on the North Right -of -Way line of Interstate N30, thence along said North Right -of -Way South 60°5843" West 448.26 feet; thence continuing along said North Right -of -Way South 60°15'18" West 280.49 feet, thence North 00°30'37" West 765.58 feet to the POINT OF BEGINNING, containing 8.646 acres more or less. AND, WHEREAS, it is desirable that all of the above described property be subdivided into lots and streets; NOW THEREFORE WITNESSETH: THAT WE, the said Orbit Valve Profit Sharing Plans A & B hereinafter termed Grantor have caused said tract of land to be surveyed by Wes Lowder and Michael Watson of Mehlburger, Tanner, Robinson and Associates, Inc., a Registered Professional Engineer and Registered Land Surveyor, respectively, and a plat thereof made which is identified by the title of Tracts C and G, Orbit Subdivision, and dated June 29, 1987, and by the signature of the Circuit Clerk _ and ex-officio Recorder of Pulaski County, Arkansas, in Plat Book ' page and the Grantor does hereby make this Bill of Assurance. _ AND, the Grantor hereby certifies that they have laid off, platted and sub- f ' divided, and do hereby lay off, plat and subdivide said real estate in accor- f dance with said plat. The lands embraced in said plat shall be forever known as ' Tracts C and G, Orbit Subdivision. ' That all strips of ground shown and dimensioned on plat marked "Utility Easement" are reserved for the use of public utilities, and for drainage pur- poses respectively, subject at all times to the proper authorities and to the L I easement herein reserved. Owners of lots in this subdivision shall take their 0-1 titles subject to the rights of public utilities and the public in and to said L I easements. �.. 5'70 The filing of this Bill of Assurance and plat for record in the office of the Circuit Clerk and ex-officio recorder of Pulaski County shall be a valid and complete delivery and dedication of the streets and easements shown on the said plat. Hereafter, conveyance and description of any said lands by lot number as shown on said plat, shall be a proper and sufficient description thereof. The lots in said subdivision shall be sold by the Grantors and shall be purchased by the buyers thereof, subject to the following covenants, to wit: 1. Said land within Tracts C and G Orbit Subdivision shall be held, owned, and used in comp ante w t the zon ng, su division, landscaping and sign ordinances of the City of Little Rock as they apply to said land at the time of recording of this instrument, or as such ordinances may be amended from time to time to provide for less restrictive use. 2. Any and all covenants, provisions, or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed, or can- celled, in whole or in part, by a written instrument signed and acknowledged by the owner or owners of over fifty-five percent (55%) In area of the land hereby platted and the provisions of such Instru- ment so executed shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. The covenants, restric- tions and provisions of this instrument shall be deemed covenants running with the land and shall remain in full force and effect unless and until amended or cancelled as authorized hereinbefore. Provided, however, no amendment to this Bill of Assurance which closes, alters, relocates or in manner effects any such easement shall be effective unless such amendment has been executed by each utility having facili- ties situated in such easement. 3. In the event of any attempt to violate any of the covenants or restric- tions herein, before the expiration date hereof, it shall be lawful for any person or persons owning a lot or lots in said addition to prose- cute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction, and either to prevent him or them from so doing or to recover damages or other dues for such violation. 4. The invalidation of any one of these covenants or restrictions by judgement or court order shall in no way affect any of the other provi- sions, which shall remain in full force and effect. The considerations set forth in above items are hereby approved by the City _ of Little Rock Planning Commission. Any additional requirements, restrictions 11 0 or statements are entered without review or action by the Planning Commission, _ and shall not be considered part of the Little Rock Planning Commission require- ' ' ments for plat approval. -2- 5'71 DATE: _9'�!/ 198 7' OWNER: Orbit Valve Profit Sharing Plans 8 ATTE5T:��/� BY: Zt. Az ACKNOWLEDGMENT STATE OF ARKANSAS) ss. COUNTY OF PULASKI) Comes this day before me, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, W. Ray Gabbard, Trustee of Orbit Valve Profit Sharing Plans A & B, Grantor in the foregoing Bill of Assurance in the name of said Orbit Valve Profit Sharing Plans A & B, for the purposes and consideration therein mentioned and set forth. WITNESS my hand and official seal on this day o 191 Notary Public, Star 69Ark4sas My Commission Ex?i n: ihn 7 Y'Y (SEAL) LITTLE ROCK PLANNING COMMISSION I—' DATE, / APPROVED:" I_I 0-1 I_I I I -I _I 1- ►i _I -3-