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This instrument prepared by:
Hal Joseph Kemp, P.A.
Attorney at Law
1021 Pyramid Place
Little Rock, AR 72201
BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
.1
THAT WHEREAS, Little
(hereinafter referred to as
Rock Brick Yard, Inc.
"ALLOTTOR"), is the owner of
the following described real property, to -wit:
Part of the SE 1/4, SE 1/4, Section 19,
and part of the SW 1/4, SW 1/4, Section
20, all in Township 1 North, Range 12
West, Pulaski County, Arkansas, more
particularly described as:
Starting at the Southwest corner of the
SW 1/4 SW 1/4, said Section 20; thence
North 0° 10' West along the West line
of said SW 1/4 SW 1/4, 542.0 feet to a
point on the South right-of-way line of
the Missouri Pacific Railroad and the
point of beginning; thence South 72'
10' East along said South right-of-way
line, 142.0 feet to a point; thence
Southeasterly along the arc of a S67.0
foot radius curve to the right, having
a chord bearing and distance of South
62' 36' 50" East 189.04 feet to a
point; thence South 350 31' 44" East
60.0 feet to a point; thence South-
westerly along the arc of a 388.10 foot
radius curve to the right, having a
chord bearing and distance of South 65'
43' 47" West 150.81 feet to a point;
thence South 76' 52' 25" Vest 306.S7
feet to a point; thence Southwesterly
along the arc of a 25 foot radius curve
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BILL OF ASSURANCE:
to the left, having a chord bearing and
distance of South 310 52' 53" West
35.35 feet to a point; thence South 760
53' 20" West 30.0 feet to a point in
the centerline of Patterson Avenue;
thence North 13' 06' 40" West along
said centerline 433.65 feet to a point;
thence forth 76' 53' 20" East 30.0 feet
to a point on the South right-of-way
line of the Missouri Pacific Railroad;
thence South 780 20' 33" East along
said South right-of-way line 219.58
feet to a point; thence South 0° 10'
East and continuing along said South
right -of -way line 37.0 feet to the
point of beginning, containing 3.0889
acres, more or less; and,
WHEREAS, it is deemed advisable that the above des-
cribed real property shown on the Plat herein mentioned be
subdivided into a building' lot as shown A" the —attached
Plat filed herewith, and that the property be held, owned
and conveyed subject to the protective covenants herein
contained, in order to enhance the value of said property.
NOW THEREFORE,
W I T N E S S E T H:
The "ALLOTTOR", for and in consideration of the
benefits to accrue to the Owners, their successors, heirs
and assigns, which benefits are hereby acknowledged to be
of value, has caused to be made a Plat, filed herewith,
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BILL OF ASSURANCE:
showing a survey made by Edward G. Smith, a registered
professional engineer, dated March 19, 1986 and bearing a
certificate of approval executed by the Little Rock
Planning Commission and showing the bounds and dimensions
of the property now being subdivided into a lot.
"ALLOTTOR" does hereby donate and dedicate to the
public an easement of way on, over and under the streets
shown on said Plat to be used as public streets and
thoroughfares. In addition to said streets, there are
shown on the Plat certain easements for drainage, sewer
and utilities, which "ALLOTTOR" hereby donates and
dedicates to and for use by public utilities, the same
being, without limiting the generality of the foregoing,
electric power, gas, telephone, water and sewer, with the
right hereby granted to the persons, firms or corporations
engaged in the supplying of such utilities to use and
occupy such easements, and to have free ingress and egress
therefrom for the installation, maintenance, repair and
replacement of such utility services.
The filing of the Bill of Assurance and the Plat for
record in the office of the Circuit Clerk and Ex Officio
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BILL OF ASSURANCE:
Recorder of Pulaski County, Arkansas, shall be a valid and
complete delivery and dedication of the streets and
easements, subject to the limitations herein set forth.
The lands embraced in said Plat shall be forever known
as "LOT 2, Little Rock Freezer Industrial Park" in the
City of Little Rock, Arkansas; and any and every deed of
conveyance of said lot in said Subdivision describing the
same by the number shown on said Plat shall always be
deemed a sufficient description thereof.
The "ALLOTTOR" hereby reserves the right to use any
surplus dirt in said streets for its own use and benefit
and for the use and benefit of any other person, firm or
corporation, as it may specifically designate from time to
time.
Said land herein platted and interest therein shall be
held, owned and conveyed subject to and in conformity with
the following covenants:
COVENANT I
LAND USE AND BUILDING TYPE
.1 .: ,,, ..... . ./
The land herein platted shall be held, owned and used
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BILL OF ASSURANCE:
only as a commercial or industrial development park and
any use thereof shall comply with the Little Rock Zoning
Ordinances in effect at the time.
COVENANT II
ARCHITECTURAL CONTROLS
No improvement, building, wall or fence shall be
erected or placed on said land until complete building
plans, specifications, and plot plans, showing the
location thereof with respect to existing topography and
finish ground elevations, have been approved in writing by
ALLOTTOR, its successors or assigns. In the event said
ALLOTTOR, its successors or assigns, fail to approve or
disapprove any plans and specifications for a proposed
improvement within thirty (30) days after submission to
it, or if no suit to enjoin the erection or placing of
such improvements has been commenced prior to the
completion thereof, such approval as to such improvement
will not be required and this covenant will be deemed to
be fully complied with as to such improvement. (No
building shall be located on said land nearer to the front
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BILL OF ASSURANCE:
lot line than the building line, if any, shown on the
recorded Plat.) There shall be no compensation to
ALLOTTOR, its successors or assigns, for services per-
formed pursuant to this covenant.
COVENANT III
EASEMENTS FOR1PUBLIC UTILITIES',
Easements for the installation, maintenance, repair
and replacement of utility services, sewer and drainage
have heretofore been donated and dedicated, said easements
being of various widths, reference being hereby made to
the Plat filed herewith for a more specific description of
widths and locations thereof. In the event any trees,
shrubbery, incinerators, structures, buildings, fences,
pavement or similar improvements shall be grown, built or
maintained within the area of such utility easements, no
person, firm or corporation engaged in supplying public
utility services shall be liable for the destruction of
same in the installation, maintenance, repair, or
replacement of any utility service located within the area
of such easement.
BILL OF ASSURANCE:
COVENANT IV
RIGHT TO ENFORCE
The restrictions herein set forth shall run with the
land and shall bind the present owner, its successors and
assigns, and all parties claiming by, through or under it
shall be taken whole, agree and covenant with the owner of
the lots, hereby restricted, and with its successors or
assigns, and with each of them, to conform to and observe
all of said restrictions as to the use of said lots and
the construction of: improvements thereon, but, no -restric-
tion herein set forth shall be personally binding upon any
corporation, person- or persons, except in respect to
breaches committed during its, his, or their seizin of
title to said land, and "ALLOTTOR", its successor or
assigns, and also 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 or to enforce the observance of-, the restric-
tions above set forth, in addition to ordinary legal
action for damages and failure of "ALLOTTOR", its
successors or assigns, or any owner or owners of any lot
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BILL OF ASSURANCE:
or lots in this subdivision, to enforce any of the
restrictions hereby set forth at the time of its vio-
lation, shall, in no event, be deemed to be a waiver of
the right to do so thereafter.
COVENANT V
MODIFICATION OF RESTRICTIONS
Any and all of the covenants, provisions and restric-
tions set forth in this Bill of Assurance 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 fifty (50%) percent in
area of the total of the land in this subdivision, and the
provisions of such instrument so executed shall be
approved by the Little Rock Planning Commission and shall
be binding from and after the date it is ,,duly filed for
record in Pulaski County, Arkansas. Each covenant in this
Bill of Assurance, unless expressly provided otherwise,
shall remain in full force and effect until January 1,
2000.
COVENANT VI
EXTENSION
All covenants for which extension is not otherwise
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BILL OF ASSURANCE:
provided in this instrument shall automatically be
extended for successive _periods of ten (10) years each,
unless modified, terminated or cancelled as provided
herein.
COVENANT VII
SEPARABILITY
Invalidation of any restriction set forth herein, or
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 they shall remain in full force and effect.
EXECUTED at Arkadelphia., Arkansas, this 4th day
of August , 1986.
Little Rock Brick Yard, Inc.,
an Arkansas Corporation-
ALLOTTO/,
J
BY: ,Gccly 0
ATTEST: 0;-d
so
BILL OF ASSURANCE:
ACKNOWLEDGMENT
STATE OF ARKANSAS)
)ss
COUNTY OF CLARK )
On this the 4th day of August, 1986, before me, a
Notary Public, personally appeared Robert O. Brownie , Jr.
and Robert O. Browning, Jr. who acknowledged themselves
to be the President and Secretary/Treasurer
of Little Rock Brick Yar , Inc., an Arkansas Corporation,
and that they, as such corporate officers and being
authorized so to do, executed the foregoing instrument for
the consideration, uses and purposes therein contained by
signing the name of the corporation by themselves as such
officers.
IN WITNESS WHEREOF, I hereunto set my hand and
official seal on this 4th day of August, 1986.
Notary PubUc
My Commission Expires:
0106R/hjk071786
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_,A, . ., .
M.AM.SOC.C.E.
REG.PROF.ENGR.NO.485 ''' — . •' • M.NAT.SOC.P.E
EDWARD G. SMITH & ASSOCIATES
CONSULTING ENGINEERS
401 Victory Street
Little Rock, Arkansas 72201
1-501.374.1666 ,
Comprehensive Planning
City Hall
Little Rock, Arkansas 72201
Gentlemen:
It is requested that a Certificate of Final Plat Approval be
issued for .Q j" 2 L1-7Lr VofA r0frEC - UXL FIAO 1: '
located in Section /lO , T- 1 - &J, R- I 1,N , Little Rock,
Pulaski County, Arkansas.
Please let us know if there is additional information
required.
Enc.
Sincerely,
EDWARD G. SMITH & ASSOCIATES
By (yAlLi�6 /fl•
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