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Home My WebLink AboutS-0310-G ApplicationTHIS INSTRUMENT PREPARED BY: Lynn Conard United States Beef Corporation 4923 E. 491h Street Tulsa, OK 74135 (918)610-2241 2014007060 Received: 2/6/2014 3:21:53 PM Recorded: 02/06/2014 03:30:14 PM Filed & Recorded in Official Records of Larry Crane, PULASKI COUNTY CIRCUMCOUNTY CLERK Fees $25.00 `1ti L111 l44lf lllfll'III s � WHEREAS, ROBERT L. DAVIS INVESTMENT COMPANY 1, LP,"r limited partnership Delaware ("Grantor"), is the sole owner of the land lying in thes,}%�;.�` Rock, Pulaski County, Arkansas described as follows: BILL OF ASSURANCE PROPERTY DESCRIPTION LOT 4, JAY SMITH SUBDIVISION, CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS AS FILED FOR RECORD IN PLAT BOOK B, PAGE 442 (the "Property"). COVENANTS Grantor has caused the Property to be surveyed and a replat (the "Plat") thereof made, which is identified by the title of "Final Plat of Lot 4R: Being a RePlat of Lot 4, Jay Smith Subdivision to the City of Little Rock, Pulaski County, Arkansas" with the date January 7. 2014. This Bill of Assurance and the Plat have been signed by said Grantor and is recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, as Instrument Number QoN I . The Grantor does hereby make this Bill of Assurance to govern and control the land described in the Plat. This is a replat of the Property and is intended to amend and restate all prior plats of the Property so that this Plat is the only plat of the Property. HEREAFTER, conveyances and descriptions of the property as shown on the Plat shall be a proper and sufficient description thereof. Lot 4R, Jay Smith Subdivision to the City of Little Rock, Pulaski County, Arkansas, shall be conveyed by the Grantor subject to the covenants contained herein and the Plat. RIGHTS OF WAY: With the filing of this Bill of Assurance and Plat in the office of the Circuit Clerk of Pulaski County, Arkansas, the rights -of -way shown on said Plat (if any) are hereby dedicated to the City of Little Rock. The utility easements shown thereon on dedicated to the appropriate public utilities. TERM/AMENDMENT: This Bill of Assurance shall be in full force and effect in perpetuity subject to the following amendment and termination rights of the owners of the Property. This Bill of Assurance may be amended r or terminated at any time from the date hereof by the unanimous written agreement of the owners of Tract 4R. The parties are mindful of the decision in Rausch Coleman Homes, LLC v. Brech, 2009 -Ark. App. 225 (the "Decision") and do not wish for the Decision to limit the ability of the parties to amend this Bill of Assurance at any time and from time -to -time. The parties intend that this Bill of Assurance may be amended at any time from the date hereof throughout the term of this Bill of Assurance and expressly intend and agree that this Bill of Assurance may be amended prior to any expiration or termination date set forth herein. RESTRICTIONS: Grantors and all future grantees of the property described in this Bill of Assurance and the Plat specifically agree all ordinances of the City of Little Rock, subject to all permitted variances, shall be strictly adhered to and followed and, should the Plat or this Bill of Assurance be contrary, in any way, to the ordinances adopted by the City of Little Rock, from time to time, such ordinances shall have precedence. All newly constructed buildings on said lots shall be constructed no nearer the street than the building line shown on the Plat, and all newly constructed buildings shall be constructed in conformance with the Building Code and Zoning Ordinance of the City of Little Rock, Arkansas. [Signatures on the Following Page] p4V wed only #or Inclusion of mir irnusn standard:; required ky the City of lsttle R=%$uhdivi5'san regLfatlons 5111 of fssurance promims sstblished by the devslgnr n3e,y wcss2d ,: iin:irnuni regulation of the e Rock sutdvision and zoning ordinanass f 1.3ttie Rock PfanNna Commission 0) IN WITNESS WHEREOF, Grantor does hereby set their hand and seal on this Bill of Assurance. ROBERT L. DAVIS INVESTMENT COMPANY 1, LP, an Oklahoma limited partnership By JWD MANAGEMENT, LLC, an Oklahoma limited 11ility company, its General Partner I on STATE OFQV"Y*�'`J ) ss COUNTY OF ILV-t - ) On this day, before me, a Notary Public, duly commissioned, qualified and acting, with and for said County and State, appeared in person the within named John R. Davis, to me well known, ' who stated he was the Manager of JWD Management, LLC, an Oklahoma limited liability company, and was duly authorized in such capacity to execute the foregoing instrument for and in the name and on behalf of the company, and further stated and acknowledged he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of �"'r-��_ , 2014. Notary Public My commission expires: ��►►r+►►ir��+��i (SEAL) �A0 =_ a 1 1*lf�q'21� r:C) ►►01 �-��.