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Cond. Use Permit/T.U.P.
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File No.
Location AL
Applicant W- 7
By ���
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03:11:13 pM
' \ Filed & Recorded in
Official Records of
{ CAROLYN STALEY
PULASKI COUNTY
BILL OF ASSURANCE c1RCrricaurr CLERK
Fees Q9.98
,,'•rCoLJiTX(ffi kLL MEN BY THESE PRESENTS:
ruuuut
THAT, WHEREAS, Pfeifer Family Limited Partnership #2 and James E. Hathaway, Jr. are the sole
owners of the following described lands lying in the County of Pulaski, State of Arkansas, to wit:
(See Exhibit A attached)
AND, WHEREAS, it is desirable that all of the above -described property be platted as one lot;
NOW, THEREFORE, WITNESSETH:
THAT WE, the said Pfeifer Family Limited Partnership #2 and James E. Hathaway, Jr., hereinafter
jointly termed Grantor, have caused said tracts of land to be surveyed by Paul White of White-Daters &
Associates, Inc. a Registered Professional Engineer and Registered Land Surveyor, respectively, and a plat
thereof made which is identified by the title of Lot 4, Candlewood East, an Addition to the City of Little
Rock, Arkansas, and dated August, 2004 and by the signature of the Circuit Clerk and ex-0fficio Recorder
of Pulaski County, Arkansas, in Plat Book _�, Page (00 , and the Grantor does hereby make this
Bill of Assurance.
AND, the Grantor hereby certifies that it has laid off, platted, and subdivided, and does hereby lay
off, plat and subdivide said real estate in accordance with said plat. The lands embraced in said plat shall be
forever known as Lot 4, Candlewood East, an Addition to the City of Little Rock, Arkansas.
That all strips of ground shown and dimensioned on said plat marked "Utility Easement" and
"Drainage Easemen " sae iaszlwed for the use of the public utilities, and for drainage purposes respectively,
subject to all times to the proper authorities and to the easement herein reserved: Ovmers of the lots in this
subdivision shall take their title subject to the rights of the public utilities and the public in and to said
easements.
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 and dedication of the easements
and on said plat.
Hereafter, conveyance and description of said lands by lot numbers, as shown on said plat, shall be
a proper and sufficient description thereof.
The lot in said subdivision shall be sold by the Grantor and shall be purchased by the buyer thereof,
subject to the following covenants, to wit:
1. Said land within Lot 4, Candlewood East, shall be held, owned, and used in compliance with the
zoning, subdivision, landscaping, and sign ordinances of the City of Little Rock as they applied to
said land at the time of recording of this instrument or as such ordinances may be amended from
time to time to provide for less restrictive use.
2. Any and all covenants, provisions, or 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 or owners of over ninety (90%) in area of the land hereby
platted and 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. The covenants, restrictions, and provisions of
this instrument shall be deemed covenants running with the land and shall remain in full force and
effect unless and until amended or canceled as authorized hereinbefore. Provided, however, no
amendment to this Bill of Assurance shall be effective unless such amendment has been executed
by each utility having facilities situated in such easement.
In the event of any attempt to violate any of the covenants or restrictions herein, before the
expiration date hereof, it shall be lawful for any person or persons owning an interest in said Lot 4,
Candlewood East, to prosecute any proceedings at law or in equity against the person or persons
violating or attempting to violate any such covenant or restriction, and either to prevent him or them
from so doing or to recover damages or other dues for such violation.
4. The invalidation of any one of these covenants or restrictions by judgment or court order shall in no
way affect any of the other provisions, which shall remain in full force and effect.
The considerations set forth in the above items are hereby approved by the City of Little Rock
Planning Commission. Any additional requirements, restrictions, or statements are entered without review
or action by the Planning Commission and shall not be considered part of the Little Rock Planning
Commission requirements of plat approval.
v rr
Date:.
Attest:
f? ,•:2d os-f1 tsar i;sausic ; of minimmi st r'1d Zrd
require: LI hho C �j of ittt—^ P,cck rrgu,r 0 ,c
Bill cf Rssu^ansc Pravisiczs csL^51whcd b-"
developor may exceed minimum regulaliorrr, of lh-,�
Little Rock subdivision and zoning ordinance.
City of Little IQoek �ninqommission
1
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
N%
BE IT REMEMBERED on this Wday of 'IwS� , 2004, before me, Notary Public, duly
commissioned, qualified and acting, within and for the said County and State, appeared in person the within
named to me personally well knows (or satisfactorily proved to be), who stated that
he was a General Partner of an Arkansas limited partnership, and was
duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said
Limited Partnership, and further sated and acknowledged that he had so signed, executed and delivered said
foregoing instrument for the consideration, uses and purposes therein mentioned and set forth.
//�� IN TES 1MONY WHEREOF, I have hereunto set my hand and official seal this 20 �ay of
U/1, g u - . 2004.
�AN
NOTA 'I
.F I....
My Commission Expires:
STATE OF ARKANSAS
COUNTY OF PULASKI
GMENT
Notary Public
BE IT REMEMBERED on this, day of 2004, before me, Notary Public, duly
commissioned, qualified and acting, within and for the said County and State, appeared in person the within
named to me personally well knows (or
satisfactorily proved to be), and stated they were duly authorized to execute the foregoing instrument and
further sated and acknowledged that they had so signed, executed and delivered said 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. o day of
,c , 2004.
My Commission Expires: 9 ,IS -.Z -%
Notary Public
ELLEN S. KOENIG
1Q°.n• Pulaski County
My liars Expires
�" rsst 18, 2010
2004070024
EXHIBIT A
LOT 4
PART OF THE SW1 /4 SW1 /4 OF SECTION 17, T-2-N, R-13--W, LITTLE ROCK,
PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 1, CANDLEWOOD EAST, AN
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE NO1'28' 1 T E
ALONG THE WEST LINE OF THE SAID SW1/4 SWI/4, SECTION 17, 313.48 FT.
TO THE SOUTHWEST CORNER OF LOT 5, SAID CANDLEWOOD EAST; THENCE
S88'31'44"E ALONG THE SOUTH LINE OF SAID LOT 5, 360.65 FT. TO A
POINT ON THE WEST RIGHT-OF-WAY LINE OF TOWNSEND STREET; THENCE
SOUTHEASTERLY ALONG SAID WEST RIGHT-OF-WAY LINE BEING THE ARC OF A
20.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE
OF S34'19'06' E, 32.45 FT.; THENCE S19153'31"W CONTINUING ALONG
SAID WEST RIGHT-OF-WAY LINE, 99.02 FT.; THENCE SOUTHERLY CONTINUING
ALONG SAID WEST RIGHT-OF-WAY LINE BEING THE ARC OF A 1030.33 FT.
RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF
S14'22'21"W, 198.21 FT. TO THE NORTHEAST CORNER Of LOT 3, SAID
CANDLEWOOD EAST; THENCE N88'31'46"W ALONG THE NORTH LINE OF SAID
LOTS 3 AND 1, CANDLEWOOD EAST, 304.08 FT. TO THE POINT OF
BEGINNING, CONTAINING 106,520 SQ. FT. OR 2.4454 ACRES MORE OR LESS.
Civil
Division
■ �� Department
Public Works
70l W Markham
Lithe Rock, Arkansas 72201-1300
371-4811 Fax 371-4460
w4-9
CIVIL ENGINEERING RESPONSE
THE Cnl[L ENGINEERING G��� R FILING OF FILING
OF
FINAL PLATS
HAVE BEEN SATISFIED oil C
BE ISSUER r /�I D L E GU° ° 9 s �. n
SIGNED BY ENGINEER
SIGNED BY SURVEYOR
SIGNED BY 911 ADDRESS COORDINATOR
DXF. DISKETTE PLAT
DXF. DISKETTE STORM
REMARKS