HomeMy WebLinkAboutBill of Assurance7N-t�55: C I., p, 3- T3
AMENDED BILL OF ASSURANCE ,
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, the original Plat and Bill 0g"A18`�i1nl�e
covering the following described property, to wit:
All of Blocks 1 and 2 of DUNSCOMB'S WEST TWELFTH
STREET ADDITION to Little Rock; and part of Lots
1 and 12, Block 1, HENNILWORTH ADDITION to the
City of Little Rock; and part of Lots "D" and
"E" of RAUTON REPLAT NO. 1 of Lots 1, 2, 3, 4,
5, 11 and 12, Block 2, Rennilworth Addition to
the City of Little Rock, in Pulaski County,
Arkansas; together with those portions of the
streets and alleys adjoining said lands which
were vacated, abandoned and closed by Ordinance
No. 12315 of the City of Little Rock, Arkansas,
recorded Yin Deed Record 1097, Page 181, records
of Pulask•i County, Arkansas, and which have: accrued
to said lands by virtue of said Ordinance, all of
which is more particularly described as follows:
Commencing at the Northeast corner of the NW 1/4
of Section 12, Township 1 North, Range 13 West;
run thence South 40 feet to the South right-of-way
line of West 12th Street and the Point of beginning;
thence continue South 01 degrees 47 minutes West
622.0 feet; thence North 87 4 egrees 17 minutes
West.333.0 feet= thence North 1 degree 47 minutes
r East 1.0 feet; thence North 87 degrees 17 minutes
West 12.5 feet, thence North 1 degree 47 minutes
East 621.0 feet to the South right-of-way line of
West 12th Streets thence South 87 degrees 17 minutes
East 345.5 feet to the point of beginning.
AND
Part of Blocks 1 & 2 RENNILWORTH ADDITION and
the East 7' of Block 3, WEST END SUBDIVISION,
Little Rock, Arkansas, described as:
Starting at the NE corner of NW 1/4, Section
12, T-1-N, R-13-W; thence South 40' to the
South R/W line of W. 12th Street; thence West
along said South R/W, 325.5' to .the point of
beginning; thence S 104 7' W 621.0'; thence N
87*17' W 318.5'; thence 1° 47' E 1.01; thence
N 87*17' W 27'; thence N 1*47' E. 619.8, to
the South R/W of w. 12th Street; thence S
87*17' E along said South R/W 345.5' to the
point of beginning, containing 4.9 acres.
878
AMENDED BILT, OF ASSURANCE - Page 2
were filed of record on March 10, 1978, in Plat Book A-27 and
Pulaski County Circuit Court Records No. 78-09040 (00027),
respectively, the same having been approved by the Little Rock
Planning Commission on or about June 22, 1977.
THAT, WHEREAS, the original Plat has now been revised
to change the set -back lines and location of utility easements.
Said Revised Plat filed herewith showing surveys made by Donald
L. Mehlburger, Registered Engineer and Land Surveyor, bearing
a Certificate of Engineering accuracy, executed for him on the
day of —, 1978, and Jointly executed by
Trustee and Brandon as owners on the day of
1978, bears a Certificate of Final Approval executed by
Planning Administrator, Department
of Community Development, Little Rock, Arkansas, on the day
of 1978, said plat showing the bounds and
dimensions of the property subdivided into lots and service
easements thereto. '
THAT, WHEREAS, the original Bill of Assurance is hereby
amended so as to incorporate and make reference to the Revised Plat
as referred to above and filed herewith. All other terms, provisions
and conditions of said original Bill of Assurance shall be and remain
the same.
NOW, THEREFORE, the owners of the aforedescribed property
hereunto set their hands and seals this _� day of
1978.
BRANDON VAN & STORAGE, INC.
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ATTEST ; . By
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res a�nY
VICE-PRFSIDENT
(SEAL)
AMENDED BILL OF ASSURANCE - Page 3
STATE OF ARKANSAS)
ACKNOWLEDGMENT
COUNTY OF PULASKI)
BE IT REMEMBERED, that on this day before me, the undersigned
Notary Public within and for the State and County aforesaid,
personally appeared before me William A. Brandon and Ift-0w E.
to ,,r1Qi� to me well icnown, who stated and acknow a ge tat
they were the President and Secretary, respectively, of Brandon Van
& Storage, Inc,, and in such capacity were authorized to execute the
foregoing instrument for and on behalf of the corporation for the
purposes therein set forth and contained.
WITNESS my hand and official seal this // /a day of
1978. y
A UBL
My Commission Expires:
r 4
(SEAL)
BIRCH -BROOK, INC., TRUSTEE
By
Vice s ent
ATTEST:
,2 4 LITTLE ROCK ['i ANflK'G C'ONNIMISSION APPROVES
Secret ry
( SEAL) ...
DATE
STATE OF ARKANSAS)
ACKNOWLEDGMENT
COUNTY OF PULASKI)
BE IT REMEMBERED, that on this day before me, the undersigned
Notary Public within and for the S ate and County aforesaid
personally appeared before me - A'.<,?c , and
f, I-n- , L ,<« to me well known, w state t�they wedat e
Vice President and Secretary, respectively, of Birch -Brook, Inc., and
in such capacity were authorized to execute the foregoing instrument
for and on behalf of the corporation for the purposes therein set
forth and contained.
WITNESS my hand and official seal this ��_ day of
1978.
TARS C
My Commission Expires:
(SEAL)
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BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, Birch -Brook, Inc., Trustee, hereinafter
called "Trustee", is the owner of certain lands lying within
the City of Little Rock, County of Pulaski, State of Arkansas,
more particularly described as follows:
All of Blocks 1 and 2 of DUNSCOMB'S WEST TWELFTH
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STREET ADDITION to Little Rock; and part of Lots
1 and 12, Block 1, KENNILWORTH ADDITION to the
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City of Little Rock; and part of Lots "D" and
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u u E of RAUTON REPLAT No. 1 of Lots 1, 2, 3, 4,
5, 11 and 12, Block 2, Kennilworth Addition to
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the City of Little Rock, in Pulaski County,
Arkansas; together with those portions of the
streets and alleys adjoining said lands which
were vacated, abandoned and closed by Ordinance
No. 12315 of the City of Little Rock, Arkansas,
a
recorded in Deed Record 1097, Page 181, records
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of Pulaski County, Arkansas, and which have accrued
'
to said lands by virtue of said Ordinance, all of
which is more particularly described as follows:
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Commencing at the Northeast corner of the NW 1/4
of Section 12, Township 1 North, Range 13 West;
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run thence South 40 feet to the South right-of-way
line of West 12th Street and the Point of beginning;
thence continue South 01 degrees 47 minutes West
622.0 feet; thence North B7 degrees 17 minutes
West 333.0 feet; thence North 1 degree 47 minutes
East 1.0 feet; thence North 87 degrees 17 minutes
West 12.5 feet; thence North 1 degree 47 minutes
East 621.0 feet to the South right-of-way line of
West 12th Street; thence South 87 degrees 17 minutes
East 345.5 feet to the point of beginning.
THAT, WHEREAS, Brandon Van & Storage, Inc., hereinafter
�r
called "Brandon", is the owner of certain lands lying within
the City of Little Rock, County of Pulaski, State of Arkansas,
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more particularly described as follows:
H.;
Part of Blocks 1 & 2 KENNILWORTH ADDITION and
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the East 7' of Block 3, WEST END SUBDIVISION,
Little Rock, Arkansas, described as:
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Starting at the NE corner of NW 1/4, Section
12, T-1-N, R-13-W; thence South 40' to the
South R/W line of W. 12th Street; thence West
along said South R/W, 325.5' to the point of
beginning; thence S 1*47' W 621.0'; thence N
87017' W 318.5'; thence 11 47' E 1.0'; thence
-
N 87*17' W 27'; thence N 1047' E. 619.8' to
the South R/W of W. 12th Street; thence S
87°17' E along said South R/W 345.5' to the
point of beginning, containing 4.9 acres.
jo-'_ 7 ZO-L 4_t. /� -�,7 .. . .
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THAT, WHEREAS, "Trustee" and "Brandon" are desirous of
filing a joint plat and Bill of Assurance covering the above
described' property and desire for the covenants, restrictions
and conditions stated in the Bill of Assurance to apply equally
to both parcels of land for the mutual benefit of the owners,
their successors or assigns, and, it is deemed desirable that the
above described property be now subdivided into building lots
and service easements thereto, as shown on the plat filed here-
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with as more particularly designated hereinafter, and that said
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property be held, owned and conveyed subject to the protective
-'
covenants herein contained, in order to enhance the value of said
property.
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NOW, THEREFORE, for and in consideration of the mutual.
benefits to accrue to the owners of the above described property,
Trustee and Brandon have caused to be made a plat filed herewith;`
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showing surveys made by Donald L. Mehlburger, Registered Engineer
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and Land Surveyor, bearing a Certificate of Engineering accuracy,
executed for him on the day of 1977, and
jointly executed by Trustee and Brandon as owners on the��
day of 1977, and a Certificate of Final Approval,
'
executed by^� Planning Administrator,
'
Department of Community Development Little Rock on the day
of , 1977, said plat showing the bounds and
dimensions of the property now being subdivided into lots and
service easements thereto, described as shown thereon.
4s
There is shown on said plat certain easements for drainage
and utilities which Trustee and Brandon hereby donates and
dedicates to and for the use by public utilities, the same being
without limiting generally of the foregoing electric power, gas,
telephone, water and sewer, with the right hereby granted to
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the persons, firms or corporation engaged in the supplying of
such utilities, to use and occupy such easements, and to have
free ingress and egress thereon for the installation, maintenance,
repair and replacement of such utility services.
° In addition to the drainage and utility easements, there is
L: a service easement shown on said plat to be used and maintained
as a private street or road and is specifically designated herein
as a fire lane for the purpose of access for fire fighting equipment
and emergency service vehicles. The development and maintenance
of said service easement shall be borne by the lot owners on a
pro rata basis.
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, Arkansas, shali be a valid and complete dedication
of the drainage, utility and service easement as shown on said
plat, subject to the limitations herein set out.
The lands embraced in said Plat as above described shall
be forever known as ROBERT'S REPLAT of Blocks 1 & 2 West
Twelfth Addition and Blocks 1 & 2 Kennilworth Addition and
East 7' West End Subdivision, Little Rock, Arkansas, and
any and every deed of conveyance for any lot in said addition
describing the same by the number or numbers, as shown on said
plat shall always be deemed a sufficient description thereof.
Said lands herein platted and any interest therein shall be
held, owned and conveyed, subject to and in conformity with the
following covenants which, subject to being amended or cancelled
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as hereinafter provided, shall be and remain in full force and
effect until July 4, 2001 A.D., to wit:
DEFINITION OF TERMS USF:I]
For the purpose of these restrictions, the words "Lot" and
? "Service Easement" shall mean lot and service easement as platted.
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1. Set -back Requirements. No building shall be located nearer
to the service easement boundary line, interior lot line or
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exterior lot line than the minimum building set -back lines as
shown on the recorded plat. For the purposes of this covenant,;,
eaves and steps not under roof shall not be considered as a part
of the building but loading docks or platforms are considered;
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as a part of the building.
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2. utility and Drainage Easements. Easements for the'r,
installation,'�maintenance, repair and replacement of utility services
and for drainage have heretofore been donated and dedicated, said
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easements being of various widths and location, express referencef�+
being hereby made to the plat filed herewith for a more specific
description of width, locations and description thereof.
3. Service Easement. The development, maintenance and
repair of the service easement shall be borne by the owners of:
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the lots as shown on the plat herewith on a pro rata basis,
is
said pro rats basis determined by the amount of lot footage
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running along the boundary line of the service easement.
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Further, no parking of vehicles of any type or nature whatsoever
will be allowed within the service easement.
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4. Service Easement Latin Four (4) street lights are
to be purchased, erected, maintained and repaired by the lot
owners, two (2) street lights to be erected on or near the East
0!i1bail
Boundary line of the service easement and two (2) street lights
to be erected on or near the West Boundary line of the service
easement. The type, shape, height, materials composed of and
location of the aforementioned street lights to be determined
jointly by all the lot owners, and their purchase, erection,
maintenance and repair to be shared by the lot owners on a pro
rata basis. Further, no overhead power lines, telephone lines
or other overhead cables are to be located within the service
easement area and that area between the service easement
boundary and the building setback lines.
5. Nuisances. No noxious or offensive trade or activity
shall be carried on upon any lot, nor shall any trash, rubish
or other refuge be thrown, placed or dumped upon any lot nor
any other thing be done which may be or become an annoyance or
nuisance to the other lot owners.
6. Teorar Structures. No trailer, basement, tent, shack,
garage, barn or other outbuilding, other than guest house and
servants quarters, erected on a building site covered by these
covenants shall at any time be used for human habitation, tempora-
rily or permanently, nor shall any structure of a temporary
character be used for human habitation. Provided, that nothing
in this paragraph, nor any other provision of this instrument, shall
prevent the construction of an emergency protective shelter on any
dwelling site; provided, further, that approval of the plans,
specifications and plot plan showing such shelter and its
contemplated location is first obtained in accordance with the
provisions of Paragraph 1 hereof. No such shelter shall be used
for human habitation, temporarily or permanently, except in the
event of an emergency of the nature that said shelter is designed
to protect against.
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7. oil and Mining 02erations. No oil drilling, oil develop-
ment operations, oil refining, quarrying or mining operations of
any kind shall be permitted upon or in any building site, nor shall
7; oil wells, tanks, tunnels, mineral excavations or shafts be
= permitted upon or in any building site. No derrick or other struc-
r'�a ture designed for use in boring for oil or natural gas shall be
erected, maintained or permitted upon any building site.
S. Right to Enforce. The restrictions herein set forth
shall run with the land and shall bind the present owner, its
successors or assigns, and all parties claiming by, through or
` under it shall be taken to hold, agree and covenant with the
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+� present owner of the lots hereby restricted, and with its
S successors or assigns, and with each of them to conform to and
,+ observe said restrictions, as to the use of said lots and the
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«+i construction of improvements thereon and their maintenance and
repair and the owner or owners of any of the lots hereby restricted
shall have the right to sue for and obtain an injunction,
prohibitive or mandatory, to prevent the breach of or to enforce
the observance of the restrictions above set forth.
9. Amendment of Restrictions. Any and all of the covenants,
set forth in this Bill of Assurance
provisions or restrictions
01
may be amended,. modified, extended, changed or cancelled, in whole
or in part, by a written instrument signed and acknowledged by
the owner or owners of more than 80% of the lots in this addition,
and the provisions of such instrument so executed shall be approved
g Commission and shall be binding from
by the Little Rock Plannin
and after the date it is duly filed for record in Pulaski County,
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Arkansas. These covenants, restrictions and provisions of this
Bill of Assurance shall be deemed covenants running with the
land and shall remain in full force and effect until expiration on
July 9, 2001, but shall automatically be continued thereafter
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for successive periods of ten (10) years each, unless terminated
or cancelled as herein provided.
10. Separability. Invalidation of any restriction set
forth herein in 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 shall remain in full force and effect.
WITNESSETH my hand and seal this tad day of June ,_—r
1977.
ATTEST:
S retary
STATE OF ARKANSAS)
) ss:
COUNTY OF PULASKI)
BRANDON VAN & STORAGE, INC. %
Wham A. Brandon, Press ent
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ACKNOWLEDGMENT
BE IT }REMEMBERED that on this day before me, the undersigned
Notary Public within and for the state and county aforesaid,
personally appeared before me William A. Brandon and
Betty .1. Brandon , to me well known, who stated and
acknowledged that they were the President and Secretary, respectively
of Brandon Van & Storage, Inc., and in such capacity were
authorized to execute the foregoing instrument for and on behalf
of the Corporation for the purposes therein set forth and contained.
WITNESS my hand and official seal this 2r.d day of June
1977.
Notary Public
My. GOmmisii6K'.ExPires-
LIME qoCh PLAPII11NG i:OMMISSION APPRUns
Vf
ATTEST:
„r
S cretary
STATE OF ARKANSAS)
COUNTY OF PULASKI)
BIRCH -BROOK, INC., TRUSTEE
BY
;ePer esI ent
ACRNOWLEDGMEAT
BE IT REMEMBERED that on this day before me, the undersigned
Notary Public within and for the state and county aforesaid, and
personally appeared before me Ge Le
wis _
John Marl e
to me w known, w o stated and
acknow—Ule—d—g-eT that they were the/ resident and Secretary, respectively
of Birch -Brook, Inc., and in such capacity were authorized to
execute the foregoing instrument for and on behalf of the
Corporation for the purposes therein set forth and contained.
WITNESS my hand and official seal this 2nd day of
.Tune 1977.
Notary Public
M:;`�*b[nmYsrson Expires:
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