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HomeMy WebLinkAboutS-0170-CC ApplicationL: 1! JAN 24 PH 3: 26 `ji- 0417© A1!Z- JM=PIT TQ 3ILL QF AGUE ADDTNG LOTS 41, 42, AND 43 TO RLOC1; 57, PLE,Aa,'--Nm MALLEY ,ADDITION Tr, THE QJTV OF LTTTTLF ROC_1 PC]—, J COUNTY. AnK_ANSAS 447 WHEREAS; Western Little Rock Company, ("Allotter") is the owner of the real property located in Pulaski County, Arkansas, described in the attached Exhibit "A" which is made a part hereof by this reference; and WHEREAS, all of said land. lies within Block 57, Plea_ nt Valley Addition to the City of Little Rock; Arkansas; and WHEREAS, it is deemed desirable that the above described property be now subdivided into three building lots as shown on the attached plat, and that the property be held, owned and conveyed subject to the protective co-ienants hereafter described; and WHEREAS, Allotter was also the Allotter in That certain Bill of Assurance to Lots 1 through 22, 24 through 28, and 45 through 47, all in Block 57, Pleasant "alley Addition to the City of Little Rock, Pulaski County, Arkansas, which Bill of Assurance was filed for record on May e, 1985 and is now of record as Instrument No. 85-23510 in the land records of Pulaski County, Arkansas together with a previous ame.-.zdment being Instrument No. 88-325411 ("Original Bill of Assurance,,); and WHEREAS, the Original Bill of Assurance and the associated plat, being Plat. No. B-512 ("Original Plat"), dealt with and platted the last described lots out of lands which are�agjacentnd contiguous to the lands described hereinabove; �a--d boa. ddo41 r.•w ti f 148 WHEREAS, Allotter now desires to amend the Origiral Bill of Assurance and the Original Plat by adding the land:3 described hereinabove to the lands described in the Oriqinal Bill of Assurance and shown on the Original Plat. NOW, THEREFORE, the Allotter for and in consideration of the benefits to accrue to it, which benefits it acknowledges to be of value, has caused the above described lands to be surveyed by White-Daters and Associates, Inc. and a plat thereof to be made, hereto attached, showing said survey of White-Daters and Associates, Inc. made January _2L/, 1991 and bearing a certificate of approval executed by the Little Rock Planning Commission and showing the mounds and dimensions of the property now being subdivided into lots. There are no street dedicat;nna mhnvn nn t-ho Plat attached here,:o because the three lots being hereby platted are adequately served with access, ingress and egress, either from Hinson Road, a public street, �-r from Carmel Drive, a 40 foot wide private road and itility easement as referred to in the Original Bill of Assurance and as shown on the Original Plat. There are, however, shown on said Plat certain easements for drainage and utilities which Allottei hereby donates and dedicates to and for the use of public utilities subject to and in accordance with the provisions made in the Original Bill of Assurance for such easements. The fili:ig of this Bill of Assurance, and attached plat, for record in the office of the Circuit Clew and Ex-Officio Recorder of Pulaski County, Arkansas will be a valid and complete delivery boa. ddo 2 i I 1 4 9 and ded4 ation of the easements subject to the provisions referred Lo above. The lands embraced in said plot shall be forever known as "Lots 41, 42 and 43, Block 57, Pleasant Valley Addition to the City of Little Rock, Arkansas"; and any and every deed of conveyance for any lot in said addition describing the same by the number or numbers shown on said plat shall always be deemed a sufficient description thereof. Said lends herein platted and any interest thereir. shall be held, owned. and conveyed subject to and in conformity with the following provisions: 1. With one exception, Allotter hereby adopts by reference all of the provisions of the Original Bill of Assurance and declares that the lands he::ein platted shall enjoy all of the benefits thereof and shall be subject to all of the burdens and restrictions therein contained. Without limiting the generality of the foregoing, it is specifically declared t,v Allotter that th= purchaser or owner of any of the lan,9.s herein platted, by acceptance of title, agr,ies to become and ?hall be a member of the Property Owner's Association referred to in paragraph 18 of the Original Bill of Assurance, and subject to all terms and provisions of the Original Bill of Assurance ::elatincrtj such Property Owner's Association. The exception referred to in the first sentence of this paragraph 1 is this: Only as applied to Lots 41, 42 and 43, Block 57, paragraph 4 of the Original Bill of Assurance shall be deemed to read as follows: bon. ddo 3 11SO • 114. BUILDING LOCATION. There shall be a front building sec -back line of 35 feet and a rear and side yard building set -back line of 25 feet as shown on the recorded plat and no building shall be located on any lot except in compliance with said building set -hack line. For the purposes of this paragraph, eaves, steps, balcanies and open porches shall be considered as a part of the building but open terraces or patios with.-Dut roofs shall not be considered." 2. In addition to Allotter, this Bill of Assurance is joined in by other property o,,,ner_s, n,,-ned underneath each respective signature- line below, said other property owners (together with A'_lotter) being the owners of over 50% in the area covered by the Original Bill of Assurance and, by their signatures b-low, evidence their approval of t';_e amendments to the Original Bill of Assurance effected by this Bill of Assurance is order to comply with paragraph 19 of the Original Bill of Assurance. IN WITNESS tii.:REOF, the Allotter, and the other property owners named below, have caused these presents to ;tee exac.uted this _Ldday of January, 1991. boa. ddo WESTERN LITTLE ROCK COMPANY ref ,ZV11 �u BY: Flo d H. Fulkerson, President 4 \/VWT,E-DATE 3S & ASSOCIATES. INC. �—� 101 ViCLorySLr=eL "p■ j-rLLle Rock Ark7n`'u 72201 (C)01) 374 1 EEL January 24, 1991 Mr. Floyd Fulkerson Selz, Fulkerson Real Estate 3075 Union National Bank One Union National Plaza Little Rock, AR 72201 RE: Block 57, Pleasant Valley Dear Mr. Fulkerson: This is to certify that to the best of my knowledge, using industry methods of measurement, Lots 1 thru 8, 10, 12 thru 14, lE thru 19, .22, 29, 45 ari 47, Block 57, Pleasant Valley Addition to the City of Little Rock, Arkansas contain more than 500 of the area contained in all of the platted lots, as of this date, lying within said Block 57. Please let me know if you need additional information. sincerely, JPe D. White JDW/skh ENGWE ERiNG LAND ._� J NJ!NG & 7E�'ELCPrIE1. SJRR .YiNG ACKNOIgLFD , NP STATE OF ARFANSAS) ) ss COUNTY OF PULASKI) On this day before me, the undersigned officer, personally appeared Floyd H. Fulkerson, to me personally well known, who acknowledged himself to be the President of Western Little Rock Company, a corporation, and that he, as such officer, being authorized by proper resolution of its Beard of Di.recto::s, had executed the foregoing instrument for the consideration and purposes therein contained by signing the name of the corporation by himself as such officer. WITNESS my hand and offjc .a&--gaj' is 1 day of January, 1991. f `-V6tary bli My Commission Expires: boa. Aldo DENNIS E. NELSON 5 ACKN0 1%LEDGMENT STATE OF ARKANSAS) )SS COUNTY OF PULASKI) or, this day before me, the undersigned notary public, personally appeared James H. Faulkner and Joyce P. Faulkner; Sam M. Vogel, Jr., and Susan G. Vogel; Steven R.Nokes and Carol D. blokes; Michael T. King and Sharron A. King; Robert F. Fincher and Bonnie Fincher; Max E. Bobbitt and Patricia H. Bobbitt; Fred H. Faas and Earlann Faas; Ed Ligon, Jr. and Judy Ligon; Sam Bracy and Martha D. Bracy; Thomas J. Hodson and Susan E. Hodson; Edwin A. Clark and Pamela G. Clark, to me personally well known, who acknowledged that they had subscribed their names to the foregoing instrument and had executed the same for the consideration and purposes therein contained. WITNESS my hand and official seal this .// dayof ,%2 1991. Rotary Public My commission expires: 2� DENNIS E. NELSON 9 Yz 2�'I CD. EX_IIBIT "A" January 3, 1991 fulkerson Legal Description - TOTAL 91. (A-1-70 '¢55 Part of Lhe SWI/4, and 11W114, Section 29, T-2-11, R-13-W, Pulaski County, Arkansas, ,core particularly described as: Starting at the Southeast corner of the NE1/4, SW114, 4 said Section 29; thence 1100"42'10"14, along the East line of said ifE174, 51,114, and the Southerly lot line of Lot 45, Section W. Block 57, Pleasant Valley Addition to the City of Little Rock, Arkansas, 200.0 ft. to a point; thence N89056150"W and continuing along the South line of said Lot 45, 120.0 ft. to the Southwest corner of said Lot 45 and the Point of beginning; thence N89056'50"W, 702.90 ft. to a point on the East right-of-way 1 line of Hinson Road; thence Northwesterly along said Easc right-of-way line, being the arc of a 660.34 ft. radius curve to the left, having a chord bearing and distance of { 1146023'10"W, 77.23 ft. to a point; thence 1I46"31'17"W and continuing along said East right-of-way line, 676.10 ft. to a point; thenc^ N42°25'30"E, 49.60 ft. to a point; thence 1146053'30"W, 39.75 ft. to a point; thence S42°40'00"W, 50.20 ft, to a point on the East right-of-way line of Hinson Road; thence 1l47'25'30"W, along said East right-of-way line, 34.82 ti ft. to the Southwest corner of Lot 904, Longlea, Phase IX, Little Rock, Arkansas; thence 1142022'00"E along the South line of said Lot 904, 170.0 ft. to the Southeast corner of said ? Lot 904; thence N47034'20"W along the East line of said Lot 504 and aTong the East line of Lot 903, said Longlea IX, 117.09 ft. to a point; thence N8015'40"W and continuing along the East line of said Lot 903 and along the East line of Lot 902, said Longlea IX, along the East line of Lot 901 said Longlea IX and the East line of said Lot 901 extended Northerly, 258.10 ft. to a point on the Southerly line of Carmel Drive, (a private road & utility easement); thence Northeasterly along said Southerly line, being the arc of a 444.68 ft. radius curve to the left, having a chord bearing and distance of N68031'20"E, 203.70 ft. to a point; thence Northeasterly and continuing along said Southerly right-of-way line, being the arc of a 5r30.38 ft. radius curve to the left, having a chord bearing and distance of N46°40'20"l 173.4 ft. to a point; thence N37030'52"E and continuing along. sid Southerly line, 15.0 ft. to a point; thence Northeasterly and continuing along said Southerly line, being the arc of a 393.52 ft. radius curve to the right, having a chord bearing and distance of N77°23'06"E, 507.0 ft. to a point; thence S63025'27"E and continuing along said Southerly line, 294.25 ft. to a point; thence Southeasterly along said Southerly right-of-way line, being the arc of a 473.39 ft. radius curve to the right, having a chord bearing end distance of S46008'28"E, 276.05 ft. to a point; thence S29032'27"E and continuing along said Southerly line, 70.0 ft. to a point; thence Southeasterly and continuing along said Southerly line, being the arc of a 369.09 ft. radius curve to the left, having a chord bearing and distance of S42°32'57"E, 166.35 ft. to a point on the North line of Lot 20, Section 'A', Block 57, Pleasant Valley Addition; thence S57"18'23"W along the North line of said Lot 20, 109.9 ft. to the Northeast corner of Lot 21, said Block 57; thence N88051'37"W along the North lire of said Lot 21, and along the North line of Lot 22. said Block 57, 184.65 ft. to a point; thence N22055'23'tL, 121.55 ft. to a point; thence N41038'50"W, 35.10 ft. to a point; thence Northwesterly alons the arc of a M.42 ft. radius curve to the left, having a chord bearing and distance of N60040'04"W, 175.82 ft. to a point; thence Northwesterly along the arc of a 591.50 ft. radius curve to the right, having a chord bearing and distance of N74037'25"W 103.20 ft. to a point; thence N69040'25"W, 99.75 ft. to a point; thence Westerly along the arc of a 280.09 ft. radius curve to the left, having a chord bearing and distance of S83051'35"W, 250.75 ft. to a point; thence 557024'55"W, 85.0 ft. to a point; thence Southwesterly along the arc of a 255.13 ft. radius curve to the left, having a chord bearing and distance of S12°19'55"W to a point on the Westerly line of Lot 29, Block 57, Pleasant Valley Addition thence S32°40'05"E and continuing along the Westerly lot line of said lot 29. 130.10 ft. to a point; thence Southeasterly and continuing along said k�sterly lot line, being the arc of a 349.53 ft. radius curve to the left, having a chord bearing and distance of S44000'05"1: 139.35 ft. to a point; thence 555°28'35"E and continuing along said Westerly line, 29.55 ft. to a point; thence Southeasterly and continuinc along said Westerly lot line, being the arc of a 805.25 ft. ^adius curve to the left, having a chord bearing an distance of 562°29'05"E, 200.35 ft. to the Southwest corner of Lot 28, Section 'A' said Block 57; thence Southeasterly along the South line of said Lot 28, being the arc of a 805.25 ft, radius curve to the left, hj;ing a chord bearing and distance of S76007'35"E, 181.20 ft. to a point; tF.ence 582°35'37"E and continuing along the South line of said Lot 28 and the South lines of Lots 27 & 26, Section 'A', said Block 57, 304.70 ft. to a point; thence Southeasterly and continuing along the South line of said Lot 26, being the arc of a 443.88 ft. radius curve to the left, having a chord bearing and Jistance of S86027'37"E, 61.0 ft. to a point; thence S05034'06"14, 40.25 ft. to the 1;o-thwesr corner of Lot 45, Section 'A', said Block 57; thence S06°13'10"W along the West line Of said Lot 45, 199.30 ft. to the point of beginning, containing 19.7527 Acres more or less.