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THIS INSTRUMENT PREPARED BY.
Douglas S. Robertson
Attorney at Law
4510 Bay Hill Drive
Conway, Arkansas 72034
AFTER RECORDING, RETURN TO:
Joe D. Whisenhunt
c/o Harmony Meadows Ranch
1563 Ranch Road
Bee Branch, Arkansas 72013
2007027202
04/09/2607 11: 4 AM
Filed & Recopdeo n
Y01
Ord% of
TY
TY CLERK
I +
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BILL OF ASSURANCE
KNOW ALL MEN BYTHESES PRESENTS:
2007027781
84/18/2N7 11:08:23 AN
Filed 8 Recorded in
Official Records Of
PAT 01 PRIES!
PULASKI COUNTY
CIRCUIT/COUNTY CLERK
Fees $41.00
d.
�:II{i11111'
THAT, WHEREAS, I, Joe D. Whisenhunt (hereinafter referred to as "Allottor"), am the
sole owner of the following described lands, to -wit:
Part of the SE'/4 SE1/41 Section 18, and part of the
NE1/4 NE1/4, Section 19, T-2-N, R-13-W, Pulaski County,
Arkansas, described as: COMMENCING at the NE corner of
said SE1/4 SE1/4; thence S 01027,33" W, along the East line
of said SE1/4 SE1/41 1057.08 feet to the POINT OF BEGINNING;
thence S 01027133" W, along said East line, 259.67 feet to
the SE corner of said SE1/4 SE1/4, said corner also being the
NE corner of said NE1/4 NE1/4; thence S 01050' 38" W, along
the East line of said NE1/4 NE1/,,, 100.18 feet to the North
right-of-way line of Arkansas Highway No. 10 (Cantrell
Road); thence along said North right-of-way line the
following bearings and distances: N 65-42121" W, 162.57
feet; N 75-35137" W, 82.50 feet to the SE corner of Lot 3,
Candlewood Commercial Subdivision, Little Rock, Arkansas,
as shown in the real estate records of Pulaski County,
Arkansas, in Plat Book "E" at Page 512; thence
N 00042140" E, along the East line of said Lot 3, 275.29
feet; thence S 89016133" E, 234.51 feet to the POINT OF
BEGINNING, CONTAINING 1.67 acres or 72666 sq.ft., more or
less.
AND, WHEREAS, Allottor desires that all of the above described lands be platted into a
lot as further described hereinbelow;
NOW, THEREFORE, WITNESSETH:
That, Allottor has caused the above described lands to be surveyed and a plat (hereinafter
referred to as the "Plat") thereof made by Todd A. Shettles, Professional Land Surveyor,
Arkansas License No. 1527, and Michael E. White, Professional Engineer, Arkansas License No.
5073, dated January 30, 2007, the Plat being identified by the title "Final Plat of Lot 4,
Candlewood Commercial Subdivision of the City of Little Rock, Pulaski County, Arkansas," and
recorded in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas,
in Plat Book 2 , at Page 020 and as Instrument No. 9 o 07a 2 7 7 P I ; and, for the
above described lands, Allottor does hereby make this Bill of Assurance; and,
IN FURTHERANCE THEREOF, Allottor does hereby layoff and plat the above
described lands in accordance with the Plat. The lands embraced on the Plat shall forever be
known as:
Lot 4, Candlewood Commercial Subdivision of the City of
Little Rock, Pulaski County, Arkansas.
There are strips of ground shown and dimensioned on the Plat marked or labeled "Utility
Easement" and "Drainage Easement" or "Utility and Drainage Easement" that Allottor hereby
donates, dedicates and reserves for the non-exclusive use of and by public utilities and for
drainage purposes, respectively, subject at all times to the proper authorities and to the terms,
conditions and rights herein set forth and/or reserved. Owners of the lot shown on the Plat
(hereinafter referred to as "Lot 4") shall take their title subject to the rights of public utilities and
the public in the easements shown on the Plat.
The easements for the installation, maintenance, repair and replacement of utility services
or utility lines and drainage lines are of various widths, reference being hereby made to the Plat
filed herewith for a more specific description of width and location thereof.
The use of any Utility Easement designated as "Underground" on the Plat for the
purposes of constructing, installing or placing utilities, utility services or utility lines shall be
limited to the subsurface only and all utilities, utility services or utility lines constructed,
installed or placed therein shall be buried to a minimum depth of forty inches (40") below the
surface of the ground.
Allottor, does hereby reserve and retain unto himself, and unto his heirs and assigns,
forever, the use the surface of such easements for any purpose not inconsistent with the easement
rights provided for herein, including, but not limited to, paving the surface of such easements and
using the same for streets, driveways, parking areas and walkways and the use the surface of
such easements for the placement or erection of fences and landscaping. In the event any
pavement, street, driveway, parking area, walkway, fence or landscaping or similar
improvements within the area of any such easements or any adjacent area is damaged by or as
the result of any work ordered or performed by or for the benefit of a public utility, the public
utility benefiting from such work shall cause, at its own cost, the same to be repaired and/or
replaced to a condition that is equal or superior to its condition prior to the performance of such
work.
Allottor, does hereby reserve and retain unto himself, and unto his heirs and assigns,
forever, the right and privilege of demolishing and removing any utility, utility service or utility
F4
Allottor, does hereby reserve and retain unto himself, and unto his heirs and assigns,
forever, the right and privilege of demolishing and removing any utility, utility service or utility
line within any Utility Easement shown on the Plat of Lot 4 without any charge, cost,
consequence or obligation for replacing or repairing the same, if and when the demolition and
removal of any such utility, utility service or utility line is reasonably necessary for the
construction, installation, operation, maintenance and/or repair of any improvements to a public
street and/or drainage improvements (public or private).
The filing of this Bill of Assurance and the Plat for record in the Office of the Circuit
Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, shall be a valid and complete
delivery of the easements shown on the Plat.
Hereafter, conveyance and description of the above described lands by the lot number as
shown on the Plat shall be a proper and sufficient description thereof.
Lot 4 shall be sold by Allottor and purchased by the buyers thereof subject to the
following covenants and restrictions, each of which shall be covenants and restrictions running
with the lands herein described, to -wit:
1. Land Use and Building Type. Lot 4 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 that 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 Lot 4 which: (i) exceeds more than one (1) story in height, (ii) exceeds twenty-two
feet (22') above finished floor elevations, provided, however, a front entry parapet may be
twenty-eight feet (28') above finished floor elevations and eighteen feet (18') wide, and (iii) does
not have self-supporting parking.
2. Architectural Control. No structure, building or improvement shall be constructed,
erected, placed or altered on Lot 4 until the structure, building or improvement plans,
specifications, exterior color schemes and materials, landscaping, signage and site plan showing
the location of such structure, building or improvements (including lighting and landscaping) and
proposed ground elevations with respect to the existing topography of adjoining lots, streets and
driveways have been approved in writing by the Allottor; provided, however, Allottor shall not
unreasonably withhold approval of any plans, specifications, exterior color schemes and
materials, landscaping, lighting, signage or site plan submitted if Allottor determines that the
same are consistent and compatible with the Shopping Center situated on lands immediately
north of and adjoining Lot 4. In the event the Allottor fails to approve or disapprove any plans,
specifications, exterior color schemes and materials, landscaping, lighting, signage or site plan
submitted to it as herein required within thirty (30) days after such submission, Allottor shall be
deemed to have approved the same as submitted.
3
3. Maximum Building Size. No building shall be constructed, erected, altered or
placed on Lot 4 which exceeds ten thousand square feet (10,000 sq.ft.) 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 Lot 4 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 play areas, whether with or
without roofs, shall be considered part of the building and must be situated accordingly.
5. Lot Area and Width. Lot 4 shall not be subdivided or replatted without the written
consent of Allottor, which consent shall not be unreasonably withheld.
6. Easements. Easements for the installation, maintenance, repair and replacement of
utilities, utility services, utility lines 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. The owner of Lot 4 may use the surface of
such easements for any purpose not inconsistent with the easement rights reserved herein, but
may not place or erect a building, footing, wall or similar structure within the area of such
easements.
7. Utilities. The owner of Lot 4 shall install and maintain in conformity with
applicable building 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 Lot 4 shall dig and back fill in conformity with applicable code requirements and other
regulations any ditch for utility services. No individual water supply system or individual
sewerage disposal system shall be constructed or operated on Lot 4, unless the system is located,
constructed, equipped and operated in absolute compliance with all requirements, standards and
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 Lot 4
without the prior written consent of the Allottor.
8. Nuisances. Owner agrees to keep Lot 4 free from trash, debris and overgrown
vegetation. If same does accumulate, and the owner of Lot 4 does not promptly remove same
upon notification by Allottor, Allottor shall have the right to perform such cleanup work as is
necessary and the owner of Lot 4 shall immediately reimburse Allottor for the cost thereof.
9. Teniporary Structures. Other than during the construction authorized by paragraph
2 hereof, no trailer, basement, tent, shack, garage, barn, outbuilding or similar structure shall be
situated or erected on Lot 4.
10. Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised
or kept on Lot 4.
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11. Visual Obstructions. No fence, wall, hedge, shrub, landscape planting or other
obstacle which obstructs sight lines at elevations of more than thirty-six inches (36") above
adjoining driveways, roadways or parking areas shall be placed or permitted to remain on Lot 4,
except to extent required by law, in which event Allottor does hereby retain the right to control,
restrict, limit and approve the height, width and foliage line of any such fence, wall, hedge,
shrub, landscape planting or other obstacle required to be placed erected or planted not otherwise
required or regulated by law. No trees shall be planted on or permitted to remain on Lot 4
without the prior written consent and approval of the Allottor, which consent and approval may
be denied in Allottor's sole discretion, except to extent required by law, in which event Allottor
does 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 or regulated 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 the lot corners and
points of curve, and all lot dimensions shown on curves are curve distances, and all curve data as
shown on the Plat are centerline curve data unless otherwise indicated. In the event of minor
discrepancies between the dimensions and distances as shown on the Plat and the actual
dimensions and distances as disclosed by the established pins, the pins shall control.
14. Right to Enforce. The restrictions, covenants and provisions 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 Lot 4. Allottor 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
covenants and restrictions set forth herein, in addition to any ordinary legal action for damages.
The failure of Allottor to enforce any of the covenants or restrictions set forth herein at the time
of its or their violation shall in no event be deemed to be a waiver of the right to do so thereafter.
15. Modification of Restrictions. Any and all of the covenants, restrictions and
provisions set forth in this Bill of Assurance may be amended, modified, extended, changed or
cancelled, in whole or in part, by written instrument signed and acknowledged by the owner of
Lot 4, 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 by
Allottor, which consent and approval shall be in the sole discretion of Allottor. The provisions
of this instrument so executed shall be binding from the date it is filed for record in Pulaski
County, Arkansas. Each covenant, restriction and provision in this Bill of Assurance, unless
expressly provided otherwise, shall remain in force and effect until March 26, 2026.
16. Assignment and Binding Effect. Allottor expressly reserves the right to assign in
writing Allottor's right and obligations hereunder to another person, natural or artificial;
provided, however, such other person shall only succeed to the rights and obligations of Allottor
upon recordation of such an assignment executed by the Allottor which expressly and
specifically assigns the Allottor's rights and obligations hereunder. A conveyance of Lot 4 shall
not be deemed such an assignment to the purchaser thereof. Otherwise, the personal
representatives, heirs, successors and assigns of the Allottor shall automatically be bound by and
shall succeed to the right, duties and obligations of the Allottor. Allottor shall provide written
notice of any assignment hereunder as soon as practicable.
17. Extension. All covenants and restrictions 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 cancelled as provided herein.
18. Severability. Invalidation of any covenant, restriction or provision, or any part
thereof, set forth in this Bill of Assurance, by any Order, Judgment or Decree of any court of
competent jurisdiction, shall not invalidate or affect any of the other covenants, restrictions or
provisions, or any part thereof as set forth herein, but they shall remain in full force and effect.
WITNESS our hands on this Z� today of March, 2007.
Joe D. Whisenhunt
ALLOTTOR'S SPOUSE:
Margar ' H. Whisenhunt, Allottor's spouse
Reviewed cnly far inc,!usion of minimum stndards
require- Ly Cho Ci y of Lir-jo Roc%cubdMzicn mplutfons
Bill cf A--su-a^^a P-avieseas ==.bushed L•y t'
deve'.o-er rt y gx=ad minimum ra,ulatinna cf tha
Liftla Rack subdivision and zoning ordinances.
City of Little Rock Planning Commission ~
ALLOTTOR'S MORTGAGEE'S CONSENT
U.S. BANK NATIONAL ASSOCIATION, as Allottor's mortgagee in and of Lot 4
described in the foregoing instrument, for and in consideration of the benefit of the foregoing
Agreement to Lot 4, does hereby consent to the same.
U.S. BANK NATIONAL ASSOCIATION
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c f Date: March, 2007.
_ VicPr�sidesx�
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ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss.
COUNTY OF VAN BUREN )
On this y f' day of March, 2007, before me, the undersigned Notary Public,
personally appeared JOE D. WHISENHUNT and MARGARET H. WHISENHUNT, husband
and wife, known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged that they had executed the same for the considerations and
purposes set forth therein.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission Expires:
OCT. 20, 2016
[SEAL]
Notary Public
-� My Comm. Expires ' A
T. 20. 2016
G 012357482
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7
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss.
COUNTY OF PULASKI)
On this j�2q_ day of arch, 2007, before me, the undersigned Notary Public, personally
appeared , to me personally well known, who stated that he was a Vice President
of U.S. BANK NATIONAL ASSOCIATION, whose address is: c/o Real Estate Banking Group,
P.O. Box 15008, Little Rock, Arkansas 72231-5008, and that he was duly authorized in such
capacity to execute the foregoing instrument for and in the name and behalf of said corporation,
and further stated and acknowledged to me that he had so executed the same for the
considerations and purposes therein contained and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand arovf%cial seal.
N
My Commission Expires:
SEAL APRIL DIJTTO
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FROM LITTLE ROCK ENGINEERING
(WED) 1. 31' 07 11 :10/ST. 11 :09/NO. 4860005775 F 1
To: Robert Brown
501-221-7562
Subject: Lot 4 Candlewood Commercial Subdivision
Begin text here, Arial 10pt.
Chris Keathley T:501.373,6594
Facsimile
1111 W Capitol Av RM 465 F: 501.373.1819
Little Rock, AR 72201 Chds_keathley@att.com
From:
No. of pages: 2
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME CANDLEWOOD COMMERCIAL SUBDIVISION LOT 4
INSPECTOR REPORT
I have made a final inspection of the improvements and find that:
All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards.
Certain Improve ents re ain • completed and a punch list has been prepared and sent. a
Engineering Specialist Date:
ADDRESSING SPECIA ST'S REPORT
I ve re i th lat d fi that the street names and street configuration are acceptable.
Addressing Specialist Date: / LZ 3 e
TRAFFIC ENGINEER REPORT
I have reviewed the plat and find that:
All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in
conformance with City requirements/standards.
Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for
billing to developer:
Certain improvements remain uncompleted and a punch list has been prepared and sent.
API P—E& Vl24-67 b Traffic Engineer
CIVIL ENGINEER REPORT
I have reviewed the file for this matter and find that:
Date:
The maintenance bond has been submitted and it is the proper type and amount.
Financial assurance for the uncompleted improvements listed above has been received.
All other requirements for final plat approval have been satisfied.
Civil Engineer I/II
SURVEYOR'S REPORT
I have reviewed the plat and find that:
f/
c� All requirements for final plat approval have been satisfied.
s Surveyor
V
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
V`I, Date: 2 Z✓ 07
Design Review Engineer/Civil Engineering Manager
July 2005
Date: I /23/ 0-7
Date: ! Z z
DEVELOPMENT
CONSULTANTS
INCORPORATED
2200 North Rodney Parham, Ste. 220
Little Rock, Arkansas 72212-4155
Telephone: 501-221-7880
Fax:501-221-7882
TO: e,'LO
72 Gc'. �•
LETTER OF TRANSMITTAL
DATE: /-1& -07 1 JOB NO. G7
ATTN: stop.
RE:
L{L
WE ARE SENDING YOU XAttached ❑ Under separate cover via the following
items ❑ Shop drawings Prints ❑ Plans ❑ Samples
❑ Specifications ❑ Copy of letter ❑ Change Order ❑
COPIESCIATE®'
DESCRIPTION
WORM
THESE ARE TRANSMITTED as checked below:
X,For your approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
❑ As requested ❑ Returned for corrections
❑ For review and comment
❑ Resubmit
approval
❑ Submit _
distribution
❑ Return
❑ FORBIDS DUE 20
❑ PRINTS RETURNED AFTER LOAN AFTER LOAN TO US
REMARKS
SIGNED a-_9
If enclosures are not as noted, kindly notify us
copies for
copies for
corrected prints
0
J\General Office\Transm ittal.doc