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HomeMy WebLinkAboutS-0548-H ApplicationCity of LittiQEQ&jgj� .Y Filing Fees Date:/ � `- �4 ��-fOCK �� i S �.4� eP,q��F1�6 Annexation WILDING GOP_ Bd.of Adjustment. $ Cond. Use Permit $ D0 Final plat $/L) Planned Unit Dev. $ Preliminary Plat $ Special Use Permit $ Rezoning $ Site Plans $ Right of way abandonment $ Street name change $ Street name signs Number at ea. $ �c Total $-2,� File no.� S-S ` ?-4 Location Applicant C- By THIS INSTRUMENT PREPARED BY: HAL JOSEPH KEMP, P. A. KEMP, DUCKETT, HOPKINS & SPRADLEY ATTORNEYS AT LAW SUITE 1300, 111 CENTER STREET LITTLE ROCK, ARKANSAS 72201 (501) 372-7243 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Joe D. Whisenhunt and Margaret H. Whisenhunt, hereinafter referred to as the "Allottor", whether one ore more, are the sole owners of the following described land in the County of Pulaski, State of Arkansas, to -wit: Lot 3, Candlewood Commercial Subdivision, being a part of the Southeast 1/4 of the Southeast 1/4, Section 18, and part of the Northeast 1/4 of the Northeast 1/4, Section 19, all in Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as: Commencing at the Northeast corner of said Southeast 1/4 of the Southeast 1/4, Section 18; thence South 00042'40" West along the East line of said Southeast 1/4 of the Southeast 1/4, 1322.44 feet to the Southeast comer of said Southeast 1/4 of the Southeast 1/4, said corner also being the Northeast corner of said Northeast 1/4 of the Northeast 1/4, Section 19; thence South 01°02'40" West along the East line of said Northeast 1/4 of the Northeast 1/4, 100.32 feet to a point on the Northerly right-of-way line of Arkansas State Highway No. 10; thence along said right-of-way line North 66°26'06" West 162.67 feet; thence continuing along said right-of-way line North 76°43'32" West 82.81 feet to the POINT OF BEGINNING; thence continuing along said right-of-way line North 76°43'32" West 47.34 feet; thence thence continuing along said right-of-way line North 71°59'31" West 107.54 feet; thence North 29°11'21" West 32.33 feet; thence North 00°42'40" East 175.89 feet; thence North 45°17'59" East 44.67 feet; thence South 89°17'20" East -1- hjL%WEnwordlrwhy'3 reGcrbn.doc BILL OF ASSURANCE 133.64 feet; thence South 00°42'40" West 278.00 feet to the POINT OF BEGINNING, containing 41,527 square feet, or, 0.953 acres, more or less. AND WHEREAS, it is desirable that all of the above described property be platted into a lot. NOW THEREFORE, WITNESSETH: That the said Allottor has caused said tract of land to be surveyed and a plat (hereinafter referred to as the "plat") made thereof by Gregory T. Sullivan, a Professional Land Surveyor License Number 1096, and Mark L. Wright, a Professional Engineer License Number 6074, dated November 7, 1995; said plat bearing the signature of the said Surveyor and Engineer and being of record in the office of the Circuit Clerk and Ex- Officio Recorder of Pulaski County, Arkansas, in Plat and the Allottor does hereby make this Bill of Assurance. IN FURTHERANCE THEREOF the Allottor does hereby lay off, plat and subdivide the above described real property in accordance with said plat. The lands embraced in said plat shall be forever known as: Lot, 3, Candlewood Commercial Subdivision, Little Rock, Pulaski County, Arkansas. There are strips of ground shown and dimensioned on said plat marked "Utility Easement" and "Drainage Easement", which Allottor hereby donates, dedicates and reserves for the use of and by public utilities, and for drainage purposes, respectively, subject at all times to the proper authorities and to the easement herein reserved. Owners of the lot platted hereby shall take their titles subject to the rights of public utilities and the public in the easements shown on the Plat. 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 a valid and complete delivery easements shown on the said plat. However, conveyance and description of any of said lands by the lot or tract number as shown on said plat shall be a proper and sufficient description thereof. The lot platted hereby shall be sold by the Allottor and shall be purchased by the -2- hjk\Winword\realry\kr%ubadce BILL OF ASSURANCE buyer thereof subject to the following covenants, each of which and all of which shall be covenants running with the lands herein described, to -wit: 1. LAND USE AND BUILDING TYPE. Said land herein platted shall be held, owned and used for commercial purposes only except that said land may not be used for any of the following purposes, to -wit: as a grocery store, as a convenience store, as a bakery, as a drug store or pharmacy, as a bowling alley, health club, fitness center, nightclub, theater, disco, skating rink, service station, gas station, automobile repair shop, automobile parts store, a business which principally features sexually explicit products or drug -related paraphernalia or any other non -retail business requiring extensive parking. No structure, building or improvement shall be erected, altered, placed or permitted to remain on the lot platted hereby which exceeds more than one (1) story in height no portion of which may be higher than twenty (20') feet above the highest elevation of the lot platted hereby when seen from the front or principal street facades and which does not have self-supporting parking. 2. ARCHITECTURAL CONTROL. No structure, building or improvement shall be constructed, erected, placed, or altered on the lot platted hereby until the structure, building or improvement plans, specifications, exterior color schemes and materials, landscaping, signage and plot plan showing the location and facing of such structure, building or improvement (including lighting and landscaping) with respect to existing topography, adjoining streets, and finished ground elevations have been approved in writing by the Allottor, their heirs, successors or assigns. In the event the Allottor, their heirs, successors or assigns fail to approve or disapprove any plans, specifications, exterior color scheme and materials, landscaping, lighting, signage or plot plan submitted to it as herein required within thirty days after such submission, the Allottor, their heirs, successors or assigns shall be deemed to have approved the same as submitted. 3. MAXIMUM BUILDING SIZE. No building shall be constructed, erected, placed, or altered on the lot platted hereby which exceeds 3,500 square feet of area under roof, exclusive of attached porches, breeze -ways, terraces, or patios. 4. BUILDING LOCATION. No building shall be located, situated, constructed, erected or altered on the lot platted hereby nearer to the front lot line or any interior, side or rear lot line than the building setback lines shown on the Plat. Open and closed porches, patios, and playareas, whether with or without roofs, shall be considered part of the building and must be situated accordingly. 5. LOT AREA AND WIDTH: The lot platted hereby shall not be subdivided or resubdivided or replatted without the written consent of the Allottor, their heirs, successors or assigns, which consent may be unreasonably withheld. -3- hj k\W inword\reallyUvogerba dm BILL OF ASSURANCE 6. EASEMENTS. Easements for the installation, maintenance, repair and replacement of utility services, and drainage have herein been reserved, said easements being of various widths, reference being hereby made to the plat filed herewith for a more specific description of width and location thereof. No , incinerators, structures, buildings or similar improvements shall be , built or maintained within the area of such easements. No excavations within the area of such easements for the erection of any fences (wood, wire, stone, or brick) or for any other purposes shall be made which would interfere with the installation, maintenance, repair and replacement of any utility service. No trees, plantings, shrubs or other improvements shall be made within the area of such easements which would interfere with the installation, maintenance, repair and replacement of any utility service. In the event any such trees, incinerators, structures, buildings, fences, pavement or similar improvements shall be grown, built or maintained within the area of such easement, no utility will 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. 7. UTILITIES. The owner of the lot platted hereby shall install and maintain in conformity with applicable code requirements and other regulations, underground utility services, including electrical, natural gas, water, cable and telephone service between the point of delivery of such utility service as located by the utility company and the point of use of such owner. The owner of the lot platted hereby shall dig and backfill in conformity with applicable code requirements and other regulations a ditch for utility services. No individual water supply system or and no individual sewerage disposal system shall be permitted to be constructed or operated on the lot platted hereby, unless the system is located, constructed, equipped and operated in absolute compliance with all requirements, standards, regulations and recommendations of any State or local public health authority or other agency or department having any jurisdiction or regulatory authority over the construction and operation of such systems. No television dish, antennae or similar equipment shall be installed on the lot platted hereby without the prior written consent of the Allottor, their heirs, successors and assigns. 8. NUISANCES. No noxious or offensive activity or other activity not permitted hereby shall be carried on the lot platted hereby, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Provided, however, Allottor, their heirs, successors and assigns will give Owner notice of a violation of this paragraph 8 before Allottor, their heirs, successors and assigns seeks to enforce the remedies herein set forth. Owner further agrees to keep the lot platted hereby free from trash, debris, and overgrown vegetation. If such does accumulate and owner does not promptly remove such upon notification by Allottor, their heirs, successors or assigns, the Allottor, their heirs, successors or assigns shall have the right to perform such ma hjk\Winword\realryUvogerba. doc BILL OF ASSURANCE cleanup work as is necessary and owner shall reimburse Allottor, their heirs, successors or assigns for the cost thereof. 9. TEMPORARY STRUCTURES. Other than during the construction authorized by paragraph 2 hereof, no trailer, basement, tent, shack, garage, barn, or outbuilding shall be situated or erected on the lot platted hereby. 10. LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be raised or kept on the lot platted hereby. 11. VISUAL OBSTRUCTIONS. No fence, wall, hedge, or shrub planting or other obstacle which obstructs sight lines at elevations of more than [36"] inches above the roadways shall be placed or permitted to remain on the lot platted hereby. No trees shall be planted on or permitted to remain on the lot platted hereby without the prior written consent and approval of the Allottor, their heirs, successors or assigns, which consent and approval may be denied in the Allottor's, their heirs', successors' or assigns' sole discretion; except to the extent required by law in which event, Allottor, their heirs, successors or assigns do hereby retain the right to control, restrict, limit and approve the height, width and foliage line of any trees required to be planted not otherwise required by law. 12. STREET ACCESS/DRIVEWAYS. All driveways will be constructed of asphalt or concrete surface material at grades lowered or raised to meet street grades with culverts installed and maintained unobstructed. 13. PROPERTY LINES AND BOUNDARIES. Iron pins have been set on all lot corners and points of curve, and all lot dimensions shown on curves are curve distances, and all curve data as shown on the attached plat are centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the plat of even date herewith and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. 14. RIGHT TO ENFORCE. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns and any person, natural or artificial owning the lot platted hereby. Allottor, their heirs, successors or assigns 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 restrictions above set forth, in addition to an ordinary legal action for damages. The failure of Allottor, their heirs, successors or assigns to enforce any of the restrictions hereby set forth at the time of its violation, shall, in no event, be deemed to be a waiver of the right to do so thereafter. -5- hjk\Winwordkealty\krogerba.dm BILL OF ASSURANCE 15. MODIFICATION OF RESTRICTIONS. Any and all of the covenants, provisions and restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or canceled, in whole or in part, by a written instrument signed and acknowledged by the owner of the lot platted hereby, provided, however, that any such amendment, modification, extension, change or cancellation as herein provided must, to be effective, be approved and consented to in writing, in the sole discretion of the Allottor, their heirs or successors. The provisions of such instrument so executed 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 November 1, 2015. 16. ASSIGNMENT. Allottor expressly reserves the right to assign in writing their rights and obligations hereunder to another person, natural or artifical; provided, however, such other person shall only succeed to the rights and obligations of the Allottor upon recordation of such an assignment executed by the Allottor which expressly and specifically assigns the Allottor's rights and obligations hereunder and a conveyance of the land platted hereby will not be such an assignment to the purchaser thereof. 17. EXTENSION. All covenants for which extension is not otherwise provided in this instrument shall automatically be extended for successive periods of ten (10) years each, unless modified, terminated or canceled as provided herein. 18. 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 this _ day of , 1995. Joe D. Whisenhunt Margaret H. Whisenhunt 191 hjk\W mwor&realtyUQogerba.&c BILL OF ASSURANCE ACKNOWLEDGMENT STATE OF ARKANSAS ) COUNTY OF VAN BUREN) ss BE IT REMEMBERED, That on this day Game on before me, the undersigned, a Notary Public within and for the County aforesaid, duly commissioned and acting, to me well known or satisfactorily proven to be the persons whose names appear in the foregoing instrument, and stated that they had executed the same for the consideration and purposes therein mentioned and set forth. IN WITNESSETH WHEREOF, I have hereunto set my hand and seal on this day of , 1995. MY CONMISSION EXPIRES; -7- Notary Public hjk\WinwordlrealryUQngerba. doc City of Little Rock Engineering Division De:)anrlenl 01 7c1 Wes: I:.Z•wf2 Public \'Forks Liitie nDCk. 4,11.ZnSZS 371-z611 F-:.x _ CIVIL ENGINEERING RESPONSE 'D The Civil Engineering Requirements for riling of Final Plats have been satisfied. Approval for filing of t7, plat can be issued Signed 3y (� &C,G7 0 0 K TD fr-r.%, 4-1(1 _. --------------- CLR PUBLIC WORKS DEPT. DATE TO AGENCY TAX r FROM AGENCY PHONE r TOTAL PAGES