HomeMy WebLinkAboutBill of AssurancePrepared by:
H. Baker Kurrus
Ark. Bar No. 80082
H. Baker Kurrus, PLLC
10816 Crestdale Lane
Little Rock, AR 72212-3626
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PRESENTE0:01-25202208:3924AM RECORDED:01-2`r202208:50:18AM
In Official Records of Terri Hollingsworth Circuit/County Clerk
PULASKI CO, AR FEE $50.00
PLAT AND BILL OF ASSURANCE
BEAR DEN ESTATES
LOTS 1 THROUGH 44, BLOCK 1
TRACTS A, B, C, D, E, F, G and H
BEAR DEN DEVELOPMENT COMPANY, LLC
TO
THE PUBLIC
KNOW ALL PERSONS BY THESE PRESENTS:
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.,
That Bear Den Development Company, LLC, hereinafter called "Developer,"
is the owner of the following property:
See Exhibit A attached hereto and made a part
hereof for all purposes
WHEREAS, is deemed desirable that all of the above described property be
subdivided into building lots, common areas, tracts, and streets as shown on the
Plat filed in conjunction with this Bill of Assurance;
WHEREAS, the aforementioned property is part of the real property which is
subject to a Declaration of Covenants and Restrictions filed on January 14, 2022, in
the Office of the Circuit Clerk and Recorder of Pulaski County as Instrument No.
reservations for entry facilities, signs, landscaping, ingress and egress, fencing, and
the like, are also hereby dedicated and donated and for the use of the Developer,
Bear Den Estates Community Association, Inc., and its members.
The filing of the Plat and Bill of Assurance for record in the Office of the
Circuit Clerk and Recorder of Pulaski County, Arkansas, shall be valid and complete
delivery and dedication of the streets and easements shown on said Plat, and the
streets in said BEAR DEN ESTATES shall by known by the names designated on said
Plat. Said land herein platted and any interest therein shall be held, owned and
conveyed subject to and in conformity with the covenants of the Declaration of
Covenants and Restrictions establishing Bear Den Estates. In addition, the
following covenants and restricts shall also apply, subject to being amended or
cancelled as hereinafter provided, and shall be and remain in full force and effect
until December 31, 2046, unless extended as provided therein.
1. LOT AREA AND WIDTH. No residence shall be erected, altered or
permitted to remain on any lot covered by this Bill of Assurance and
shown on the Plat referenced herein if the area of the lot is less than 6,000
square feet or if the width thereof at the front building line is less than
sixty-five feet (65'). No lot shall be subdivided without written consent
of the Developer and of the Little Rock Planning Commission first had and
obtained.
2. LAND USE AND BUILDING TYPE. Said land herein platted as lots shall be
held, owned and used only for residential building sites. No structure
shall be erected, altered, placed or permitted to remain on such
residential building sites other than a detached single family dwelling, a
private garage for the storage of passenger cars owned or used by
residents, and other buildings clearly incidental and related to residential
use of the premises and approved by the Architectural Control
Committee for Bear Den Estates. No such building site shall be used for
commercial purposes. Such restrictions shall not prohibit the temporary
maintenance of model homes and sales offices by Developer or other
professional builders with approval of the Developer, or the platting of
tracts for other lawful purposes by Developer. An office located in a
residence shall be allowed, subject to all municipal ordinances, but no
visible advertising of any home office shall be permitted on any lot or in
Bear Den Estates, and no public parking for any office use shall be
permitted on streets in Bear Den Estates
3. MINIMUM AND MAXIMUM PRINCIPAL DWELLING SIZE. No principal
residential structure shall be constructed or permitted to remain on any
of the lots platted hereby unless the main floor area thereof, exclusive of
porches, patios, carports, garages and breezeways shall be at least two
thousand four hundred (2,400) square feet for a single -level home and
two thousand six hundred (2,600) square feet for a two-story home.
The term "main floor area" as used in this paragraph shall include living,
dining and sleeping areas which may be on different levels.
4. ARCHITECTURAL CONTROL. All proposed construction and styles of
residences in Bear Den Estates must be first submitted for consideration
by the Architectural Control Committee of Bear Den Estates, all as more
fully set forth in the Declaration of Covenants and Restrictions. The
residences on the lots herein described shall be of similar size and
compatible architectural style so as to create a neighborhood with
common and complementary architectural elements.
5. BUILDING LOCATION. No building shall be constructed on any lot nearer
to the street than twenty-five feet (25') as shown by the building line and
setback lines shown on said plat, except for buildings on corner lots which
may be constructed in accordance with Little Rock City ordinances
applicable thereto. No residential structure shall be located nearer to an
interior lot line than ten percent (10%) of the average width of the single
family lot, provided that such side yard need not exceed eight feet (8') in
width. For purposes of this restriction, eaves, steps and open porches
shall not be considered a part of the dwelling. No residential structure
shall be nearer than twenty-five feet (25') to the rear lot line as shown on
the Plat filed in conjunction herewith.
6. COMMON AREAS, TRACTS. There may be shown on the Plat filed in
conjunction with this Bill of Assurance certain areas known as Tracts.
These areas or Tracts are reserved for the exclusive use and enjoyment of
the owners of property in Bear Den Estates unless otherwise expressly
noted on the Plat. Such uses may include, but are not limited to, green
spaces, greenbelts, water detention structures, open spaces, play fields,
playgrounds, natural buffers, trails, paths, entry features, signs,
landscaped areas, and other amenities. No construction of any kind, no
storage of materials, no ingress and egress, and no disturbance of any
kind shall take place on such areas without the express written
permission of Developer, all as more fully set forth in the Declaration of
Covenants and Restrictions or as noted on the Plat. Unless specific
easements for access, ingress and egress are shown on the recorded plat
for a particular lot or lots, no common areas may be used for access,
ingress, egress, parking, storage of materials, dumping of debris, ashes,
or other materials. Any activity which is deemed by the Board of Directors
of Bear Den Estates Community Association, Inc. to be inconsistent with
this paragraph or the Declaration of Covenants and Restrictions shall not
be allowed or permitted.
7. MAINTENANCE OF COMMON AREAS. All common areas in Bear Den
Estates and improvements thereon, including tracts, easement areas,
islands, medians, entry features and tracts of land set aside and reserved
for drainage, buffer, park and aesthetic purposes shall be maintained by
Bear Den Estates Community Association, Inc. at its cost, regardless of the
ownership thereof. All such areas shall be dedicated and donated by the
Developer to the association at such time as Developer deems in Bear
Den Estates unless otherwise noted on the relevant plat for such common
areas.
8. PROPERTY LINES AND BOUNDARIES. Iron pins have been set on all lot
corners and points of curve, and all curve data shown on said Plat
referenced herein is centerline curve data. In the event of minor
discrepancies or distances as disclosed by the established pins, the
original pins as set on the property shall control.
FE .- EN
ESTATES
Block 1 Le2al Description:
BEING A PART OF THE SETA, SECTION 22, T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS
MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER
OF THE SAID SE1/4; THENCE S 87°41'34" E 534.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE N 02018'06" E 174.73 FEET; THENCE S 87°43'49" E 67.65 FEET;
THENCE N 02038'12" E 162.51 FEET; THENCE S 88040'59" E 359.38 FEET; THENCE N 35°26'04" E
190.47 FEET; THENCE N 57°10'14" W 122.08 FEET; THENCE N 40037'03" W
132.38 FEET; THENCE N 20059'30" W 127.76 FEET; THENCE N 83°46'28" E 171.10 FEET; THENCE
N 83046'28" E 50.07 FEET; THENCE WITH A CURVE TURNING TO THE LEFT
WITH AN ARC LENGTH OF 128.63 FEET, WITH A RADIUS OF 125.00 FEET, WITH A CHORD
BEARING OF S 32004'55" E, WITH A CHORD LENGTH OF 123.03 FEET,; THENCE S
61033'32" E 185.45 FEET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC
LENGTH OF 187.36 FEET, WITH A RADIUS OF 460.77 FEET, WITH A CHORD
BEARING OF S 49054'35" E, WITH A CHORD LENGTH OF 186.07 FEET,; THENCE N 51°49'30" E
142.22 FEET; THENCE S 49039'41" E 278.29 FEET; THENCE N 88°13'19" E 237.97
FEET; THENCE S 79'19'02" E 137.36 FEET; THENCE S 64056'21" E 325.95 FEET; THENCE N
70011'55" E 114.64 FEET; THENCE S 87041'34" E 106.73 FEET; THENCE S O1036'50"
W 349.80 FEET; THENCE N 87°41'34" W 2106.29 FEET; TO THE POINT OF BEGINNING,
HAVING AN AREA OF 22.44 ACRES, MORE OR LESS.
9. MAILBOXES. All United States Postal Service mail and package
deliveries to the lots platted hereby and described herein will be made to
a common mailbox and package kiosk located as set forth on the Plat. No
mailboxes or other package delivery receptacles are allowed to be located
on the lots platted as Bear Den Estates.
10. PUBLIC UTILITIES. All dwellings and other structures erected upon any
lot shall be served by all public utilities, including public sewer. No water
wells are allowed on lots platted in Bear Den Estates.
11. ENFORCEMENT. In the event of any attempt to violate any of the
covenants and restrictions contained herein, it shall be lawful for Bear
Den Estates Community Association, Inc., any appropriate governmental
authority, the Developer, or any person or persons owning a lot or lots in
Bear Den Estates to initiate compliance action and procedures pursuant
to the terms of the Declaration of Covenants and Restrictions, or to
pursue any other lawful remedy.
12. AMENDMENT. This Bill of Assurance may be cancelled, amended or
extended in accordance with the terms set forth in the Declaration of
Covenants and Restrictions. No amendment shall be effective unless and
until duly enacted pursuant to the terms of the Declaration of Covenants
and Restrictions and properly filed of record in the Office of the Circuit
Clerk and Recorder for Pulaski County, Arkansas.
13. SEVERABILITY. The invalidation of any one of these covenants or
restrictions by any court of competent jurisdiction or otherwise shall in
no way affect any of the other provisions, which shall be independent
and which shall remain in full force and effect.
(this space intentionally blank; signatures and
acknowledgment on following page)
20222003762 ("the Declaration of Covenants and Restrictions") which establishes
a community with a common plan of development, common facilities and
amenities known as BEAR DEN ESTATES; and
WHEREAS, it is deemed desirable that all of the above described property be
subdivided, held, owned and conveyed subject to the covenants and restrictions
contained in the Declaration of Covenants and Restrictions and subject also to the
easements, reservations and restrictions shown on the Plat which is filed in
conjunction herewith, and subject also to the protective covenants contained in
this Bill of Assurance in order to enhance and maintain the value of such property;
NOW, THEREFORE, Developer has caused the property to be surveyed by
Jared Pavatt, Arkansas Registered Professional Land Surveyor No. 1526, and a Final
Plat made thereof which is identified by the title, BEAR DEN ESTATES, LOTS 1-44,
BLOCK 1, & TRACTS A through H, dated January 21, 2022, and said Plat bears the
signature of the said surveyor and Developer, and is of record in the Office of the
Circuit Clerk and Recorder of Pulaski County in Plat Book Z-"iy, at page Ss'77. and
Developer does hereby make this Bill of Assurance applicable to such property.
Developer does hereby certifythat it has laid off, platted and subdivided, and
does hereby lay off, plat and subdivide said real estate as BEAR DEN ESTATES, an
addition 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 the
number or numbers as shown on said Plat shall always be deemed a sufficient legal
description thereof. Developer hereby dedicates to the public forever an easement
of way on and over the streets as shown on said Plat to be used as public streets.
In addition to said streets, there are shown on said Plat certain easements,
including easements for drainage and utilities. Developer hereby donates and
dedicates such drainage and utility easements to and for the use of public utilities,
the same being, without limiting the generality of the foregoing, electrical power,
cable television, internet communication, natural gas, telephone, sanitary sewer,
stormwater, and potable water, with the right hereby granted to the persons, firms
or corporations engaged in the supplying of such utility services 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. Any and all other
easements and reservations shown on the Plat, such as easements and
Executed this Z� f � day of January, 2022.
BEAR DEN DEVELOPMENT COMPANY, LLC
By: _���-,
Name:�'�d
Title: Manager
ATTEST: 4�2
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this 5� Li day of January, 2022, before me, a Notary Public, duly
commissioned, qualified and acting within and for the county and state aforesaid,
appeared in person - ' i Yl-f S and
j y) . V--P-w j)j! &.ern to me well known, who stated that they were the
Manager and secretary of Bear Den Development Company, LLC, an Arkansas
limited liability company, and were duly authorized in their respective capacities to
execute the foregoing instrument for and in the name and on behalf of said limited
liability company, and further stated and acknowledged that they 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 m nd and seal the day and
year aforesaid. . . "--� ' I I
My commission expires:
Notark I ublic
oat
Ins ; TANYA M. DIOTTE
MY COMMISSION # 12389117
EXPIRES: August i4. 2022
y'.•` Grant County
EXHIBIT "A"
BLOCK 7 LEGAL DESCRIPTION
BEING APART OF THE SE114, SECTION 22, T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER
OF THE SAID SE114; THENCE S 87'41'34' E 534.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 02'18'26" E 174.73 FEET; THENCE S 87'4349" E 67.65 FEET;
THENCE N 02'38'12' E 162.51 FEET; THENCE S 88'40'59" E 359.38 FEET; THENCE N 35'26'04' E 190.47 FEET; THENCE N 57'10'14" W 122.08 FEET; THENCE N 4013T03' W
132.38 FEET; THENCE N 20'69'30" W 127.76 FEET; THENCE N 83'4628' E 171.10 FEET; THENCE N 83'46'28" E 50.07 FEET; THENCE WITH A CURVE TURNING TO THE LEFT
WITH AN ARC LENGTH OF 128.63 FEET, WITH A RADIUS OF 125.00 FEET, WITH A CHORD BEARING OF S 32.04-57 E. WITH A CHORD LENGTH OF 123.03 FEET.; THENCE S
61'33'42' E 60.77 FEET; THENCE S 6113327" E 124.68: THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 187.29 FEET, WITH A RADIUS OF 475.00
FEET. WITH A CHORD BEARING OF S 49'54'35" E. WITH A CHORD LENGTH OF 188.07 FEET,; THENCE N 51'4T30' E 142.22 FEET; THENCE S 49'3941' E 278.29 FEET;
THENCE N 88"13'19" E 237.97 FEET; THENCE S 79'19'02' E 137.36 FEET; THENCE S 64'56'21" E 325.95 FEET; THENCE N 70*11'55' E 114.64 FEET; THENCE S 87'41'34' E 106.73
FEET; THENCE S 01'36'50" W 349.80 FEET; THENCE N 87.41'34' W 2106.29 FEET; TO THE POINT OF BEGINNING, HAVING AN AREA OF 22.44 ACRES, MORE OR LESS.