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HomeMy WebLinkAboutPreliminary Bill of Assurance Prepared by, and after recording, return to: H. Baker Kurrus, PLLC H. Baker Kurrus Ark. Bar No. 80082 43 Sherrill Road Little Rock, AR 72202 draft of 07-18-2022 PLAT AND BILL OF ASSURANCE FOR THE MIDDLE, A LONG FORM PCD, LOTS 1 THROUGH 9, TRACTS A AND B A REPLAT OF LOTS ____________ AND _____________, LlTTLE ROCK, ARKANSAS KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, The Middle LLC, an Arkansas limited liability company (such company, and its successors and assigns being hereinafter referred to as “Developer”), is the owner of certain real property in Little Rock, Pulaski County, Arkansas (“the Property”), more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES WHEREAS, the Property is subject to a Declaration of Protective Covenants and Bill of Assurance filed by Developer on ___________, 2022, as Instrument No. _______________with the Circuit Clerk and Recorder of Pulaski County, Arkansas (“the Protective Covenants”), which Protective Covenants and all amendments thereto bind the Property; and WHEREAS, Developer has caused to be incorporated The Middle Property Owners Association, Inc. (“the POA”) for the purpose of owning, maintaining, and administering certain common areas, lots, tracts, amenities and other property; and WHEREAS, all owners of lots or tracts in The Middle Long Form PCD shall be members of The Middle Property Owners Association, Inc., as provided for herein and in the Protective Covenants; WHEREAS, it is deemed advisable that the Property be replatted and that such replatted lots and tracts be held, owned and conveyed subject to the Protective Covenants, as amended and to the terms and conditions hereof; NOW, THEREFORE, for and in consideration of the benefits to accrue to Developer, its successors and assigns, the receipt and sufficiency of such consideration being hereby acknowledged, Developer hereby makes this Plat and Bill of Assurance, and hereby establishes the covenants, easements, setback lines, uses, limitations, restrictions and conditions pursuant to which the Property shall be owned and used, which covenants and restrictions shall run with the Property as set forth below. 1. THE MIDDLE LONG FORM PCD, LITTLE ROCK, PULASKI COUNTY, ARKANSAS. Developer has caused the Property to be surveyed and a plat (“the Plat”) made thereof by ____________, Arkansas Registered Land Surveyor No. _______, which Plat bears the signature of the surveyor and Certificate of Authorization of Brian Dale of Joe White & Associates, Inc. Engineering Inc. (Registered Professional Engineer No.______ ) and is recorded in the office of the Circuit Clerk and Record of Pulaski County, Arkansas as Instrument No._____________________. The Property shall henceforth be referred to as Lots 1 through 9, and Tracts A and B, The Middle Long Form PCD, Little Rock, Pulaski County, Arkansas (“the Lots and Tracts”), which descriptions shall be sufficient in all respects and for all purposes. All persons or entities who are or become the fee owners of the Property which is platted as the Lots or Tracts shall take title to such lots and tracts and hold each of them according to the terms of this Plat and Bill of Assurance, the Protective Covenants, and to the easements, restrictions depicted on the Plat as filed and in accordance with the monuments and pins as located on the ground. 1. Existing Restrictions. The Lots and Tracts are no longer subject to the covenants regarding use of the Lots as set forth in the Declaration of Protective Covenants filed on ____________, as Instrument No. _________ in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas. These preexisting covenants and restrictions have been revoked by the filing on ______________, 2022, of a Revocation and Cancelation of Covenants and Restrictions as Instrument No. 2022_____________in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas. 2. Easements. All prior utility easements, drainage easements, setback lines, rights of ingress and egress, or other encumbrances or limitations on the use of the Lots are extinguished except for the (describe any existing utility easements and rights of way which will not be extinguished). Except as set forth above, the building setback and utility easements, access easements, drainage easements, detention and landscaping easements and tracts, and other matters as shown on the Plat are now the sole and only such items which bind the Property and the Lots. The Cross-Access Easements described in the Protective Covenants will inure to the benefit of the any persons entitled to the use or occupancy of all or any portion of a Lot or Tract under a written lease, license, or other occupancy agreement or customers, patrons, licensees, tenants, guests, agents, employees, suppliers, contractors and invitees of an owner or occupant of a Lot, or in any other lot which shall hereafter be platted as a part of The Middle Addition Long Form PCD, all as set forth more particularly in the Protective Covenants. 3. Future Easements and Improvements. Any and all future improvements to the Lots and Tracts platted as a part of The Middle Long Form PCD shall be made in accordance with the Protective Covenants and the Plat, as amended from time to time, for the exclusive use and benefit of Developer, the owners of the Lots and Tracts platted as a part of The Middle Long Form PCD, their successors assigns, and shall never be construed as public rights of way for ingress, egress or other purposes. The dedication and granting of any such easements shall not be deemed a dedication of any portion of the Lots to the general public or any adjoining property owner for any purpose except as specifically set forth in the Protective Covenants. The access easements shown on the Plat and all future access easements platted in conjunction with the development of all future lots in The Middle Addition Long Form PCD shall be subject to these same conditions, and shall be for the use and benefit of any persons entitled to the use or occupancy of all or any portion of any and all lots, including the Lots and Tracts, which are platted as The Middle Addition Long Form PCD. 4. Detention and Landscaping Areas. The Protective Covenants provide for the use by Lot owners of certain detention areas, and for certain landscaping easements. Developer may transfer ownership of such detention areas and easements to the The Middle Property Owners Association, Inc. and such amenities shall be maintained and repaired by the POA, all as more fully set forth in the Protective Covenants, which are incorporated herein by reference. 5. Duration. The terms, conditions and restrictions of this declaration shall remain in full force and effect for the same period of twenty-five (25) years which is set forth in the Protective Covenants, and shall be extended for consecutive periods of ten (10) years thereafter unless Developer, its successors and assigns, files an instrument of record which modifies or terminates these covenants. 6. Permitted Uses of Lots and Tracts. There are shown on the Plat the zoning uses and restrictions which apply to each of the Lots and Tracts. These uses and restrictions permanently bind the Lots and Tracts, shall run with the land, and shall not be amended, revoked or altered without compliance with the zoning and subdivision rules and processes applicable to lots and tracts within the City of Little Rock, Pulaski County, Arkansas. 7. Severability. Invalidation of any restriction set forth herein, or any part hereof for any reason shall not invalidate or affect any of the other restrictions, which shall remain in full force and effect. EXECUTED this _____ day of ___________, 2022. THE MIDDLE LLC: By: __________________ Its Manager By: _____________________________________ _______________, Managing Member (acknowledgment on following page) ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss COUNTY OF PULASKI ) On this day before the undersigned, a Notary Public duly commissioned, qualified and acting within and for the County and State aforesaid, appeared in person the within named ___________________, to me personally well known, who stated that he is the sole and managing member of _____________________, LLC, the managing member of The Middle LLC and further stated that he is duly authorized in said capacity to execute and deliver the foregoing instrument, and so executed and delivered the foregoing instrument, for the uses, purposes and consideration therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this _____ day of __________, 2022. ____________________________________ NOTARY PUBLIC My commission expires: ________________________