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HomeMy WebLinkAboutS-0284-B ApplicationI1,Fn AND PRO"'17n, 94 SEP 16 PH 49. 33 94 ~- E6-S95 JACQUEITA ALE XAHQER P-1LA5Kl Co CI CULT CLERK _ Z BILL OF ASSURANCE AND ,,_C.. R E:R KNOW ALL MEN BY THESE PRESENTS: WHEREAS, HAWKINS AND SMITH, 6199 S . 66th East Ave., Tulsa, Oklahoma, is the sole owner of the following described lands situated in Pulaski County, Arkansas, to wit: PROPERTY DESCRIPTION Parts of Lots 1 through 7, parts of Lots 15 through 22 and the adjacent alleys, .all in Block 3, Oak Forest Addition to the City of Little Rock, Pulaski County, Arkansas. NOW, THEREFORE, Hawkins and Smith, hereinafter referred to as the "Grantor", has caused said property to be surveyed by The Mehlburger Firm, Registered Professional Engineers and Registered Professional Land Surveyor, and a plat thereof which is identified by the title," Lot A Block 3 Oak Forest Addition to the City of Little Rock, Pulaski County, Arkansas", and dated the day of , 1994, and by the signature of the Circuit Clerk and ex-officio Recorder of Pulaski County, Arkansas and being now of record in Plat Book E at Page , in the records of the said Circuit Clerk; therefore, the grantor herein does make this Bill of Assurance. 1 The Grantor hereby certifies that it has laid off, platted and subdivided, the said land in accordance with said plat. The lands embraced in said plat shall be forever be known and described as Lot A, Block 3, Oak Forest Addition, Pulaski County, Arkansas, and conveyances of said land by lot designation shown on the plat shall be considered a complete and proper description thereof. There are certain strips of ground shown and described on the plat, reserved for the use of public utilities purposes, subject at all times to the proper authorities and to the easements herein reserved. Owners of the above -described property shall take their title subject to the right of public utilities and the public. 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 valid and complete delivery and dedication of the easements and street rights of way shown on the said plat. These lots shall be sold by the Grantor and purchased by the buyer(s) thereof, subject to the following covenants. 1. Any rights -of -way behind the curb of the lot shall be maintained by the owners of the lot. 2. Said land within said lot shall be held,_ owned, -and used in compliance with all applicable ordinances of Pulaski County, Arkansas as they applied to said land at the time of recording hereof or as such ordinances may be amended from time to time to provide for less restrictive use. 7 3. Easements of way as shown on the plat filed herewith have heretofore been donated and dedicated to the public, and persons, firms or corporations engaged in supplying public utility services, the same being without limiting the generality of the foregoing , electric, power, gas, telephone, water and sewer, shall have the right to use and occupy said easements of way and street for installation, maintenance, repair and replacement of such facilities as are necessary to supply such utility services. Easements for the installation, maintenance, repair and replacement of utility facilities and services, sewer and drainage, have heretofore been reserved, said easements being of various widths, reference being made to the plat filed herewith for a specific description of the width and location thereof. Excavations within the area of such easements or the erection of any fence (wood, wire, stone, brick or any other material) of for any other purpose shall be made without interference with the installation, maintenance, repair and replacement of any utility facilities and services. 4. These covenants and restrictions shall run with the land and shall be binding on all parties claiming under them in perpetuity.. - M 5. The covenants and restrictions herein set forth shall run with the bind the present owner, its successors and assigns, and all parties claiming by through or under it shall be taken to hold, agree and covenant with the owner of the lot hereby restricted, and with its successors and assigns, and with each of them to conform to and observe said covenants and restrictions as to the use of such lot in the construction of improvements thereon, but no restriction herein set forth shall be personally binding upon any corporation, person or persons, except in respect to breaches committed during its, his or their seisin of title to said land, and Grantor, its successors and assigns, and also the owner of owners of any of the lot hereby restricted shall have the right to sue for and obtain an injunction, prohibited or mandatory, to prevent the breach of or to enforce the observance of the covenants and restrictions above set forth, in addition to ordinary legal action for damages. Failure of Grantor, its successors and assigns, or any owner or owners of suck lots to enforce any of the restrictions herein set forth at the rime of its violations shall, in no event, be deemed to be a waiver of the right to do so thereafter. 6. In the event any provision of the Bill of Assurance shall be determined to be invalid by a court of competent jurisdiction, such invalidity shall not effect the remaining provisions, which shall remain in full force and affect. 7. Any and all of the covenants set forth herein may be amended, modified, extended, changed or canceled in whole or in part from time to time by written instrument signed and acknowledged by the owner. 4 CITY.OF LITTLE ROCK, ARKANSAS DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING FILING FEES NO. DATE Annexation . . Board of Adjustment Application. . Conditional Use Permit . Final Plat . . , , Planned Unit Development Preliminary Plat _ rezoning Application . Site Plan (Multiple Buildin g onin l Special Use Permit . . , , . SE Street, Alley;,oi Easement Clos flF blnC Street Name'Change . $ Street Name Signs: I Signs at ea. $ TOTAL $ File No.. , Address ; a Applicant: r �� r `. By: EXECUTED, this day of , 1994. By: awkins and mi ATTEST: Date: ACKNOWLEDGEMENT STATE OF ARKANSAS) ) SS: COUNTY OF PULASKI) On this day personally appeared before me, the undersigned, a Notary Public, duly commission and acting, Hawkins and Smith, Grantor, who stated and acknowledged that he had executed the above and foregoing Bill of Assurance for the uses and purposes therein contained and set forth. Notary Public My Cornmission Expires: f- /- y' (SEAL) PULASKI COUNTY PLANNING BOARD DATE: LITTLE ROCK FLANITING COMMISSION �ROVED 5