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HomeMy WebLinkAboutS-0641-K ApplicationCITY OF LITTLE ROCK, ARKANSAS DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING FILING FEES NO. DATE - 19` Annexation . . . . . . . . . . . . . . . $ Board of Adjustment Application. . . . . . . $ Conditional Use Permit . . . . . . . . . . . $ Final Plat . . . . . . . . . . . . . . . . Planned Unit DevelopmeaL- $ E Preliminary Plat Rezoning Applicationd - - r Site Plan (Multiple Bui1��g�,Zg�ing);;;. $ " Special Use Permit 1 Street, Alley, or Easement Closure . . . . $ Street Name Change . . . . . . . . . . . . . $ Street Name Signs: # Signs at ea. $ TOTAL File No.: Address: Applicant:(` ; c i By: --' I R BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: WHEREAS, MID-AMERICA FINANCIAL SERVICES, INC., 2800 Cantrell Road, Suite 500, Little Rock, Arkansas, is the sole owner of the following described lands situated in Pulaski County, Arkansas, to wit: PROPERTY DESCRIPTION Part of the Northeast 1/4 of the iNorthwestA1/4 ins, Section 4, T-1-N, R-13-W, being more particularly described as follows: starting at the Northwest corner of the Northeast 1/4 of the Northwest 1/4 of said Section 4. thenc South 00` O1' OaWest Othe. Northeast.03 feet to h1/400fhthet corner of the south 1I2 of Northwest 1/East S�9.24efeetnto'theePOINTsouth BEGINNING, 88° 421 5211 Markham said point being the Northeast corner of Lot 11, Commercial Subdivision; thence continuing South 880 421 5211 East 428.84 feet; thence South ❑0° 36' 3411 East 428.37 feet cial to the Northeast corner ofago 551 1411West along said Markham o theNorth subdivision; thence North line of said Lng saiddNorthcline on7a3curvetto thecleft continuing ala g arc distance of 62.08 having a radius of 77.5❑ feet► an feet and a chord which bears South 6ht-4f'wa8Y uline feet to a point on t0.44 ofthe Northerly said Northerly right-of-way Markham Park Drive; thence along a radius of 272.36 feet, line on a curve to the left having an arc distance of 159.33 feet and a chord which ablearsng sa rth 699 09, 3411 West 157r.07lin�tontaecurveotolthe nright having Northerly right-of-way a radius of 436.68 feet, an ar68distan10"oWest4260.42efeet and a chord which bears said Markham commercial to the Southeast corner of Lot 14, 11 the East Subdivision; thence North 31 21 00 East along line of said Lots 10 and 11 a dist519esofare3feetfvrt5tillhe POINT OF BEGINNING containing 222, acres, more or less; 1 shown on the plat herein mentioned as "Lot 12 and Lot 13, Markham Commercial Subdivision", City of Little Rock, County of Pulaski, State of Arkansas; and WHEREAS, said owner desires to subdivide the above property into lots; NOW, THEREFORE, the said MID-AMERICA FINANCIAL SERVICES, INC., hereinafter referred to as the "Grantor", has caused said property to be surveyed by The Mehlburger Firm, Registered Professional Engineers and Registered Professional Land Surveyor, and a plat thereof which is identified by the title, "Lot 12 and Lot 13, Markham Commercial Subdivision", to the City of Little Rock, Pulaski County, Arkansas," and dated the day of , 1993 and by the signature of the Circuit Clerk and ex-officio Recorder of Pulaski County, Arkansas and being now of record in Plat Book at page , in the records of the said Circuit Clerk; therefore, the Grantor herein does make this Bill of Assurance. The Grantor hereby certifies that it has laid off, platted and subdivided, the said lands in accordance with said plat. The lands embraced in said plat shall be forever be known and described as "Lot 12 and Lot 13, Markham Commercial Subdivision" to the City of Little Rock, Pulaski County, Arkansas, and conveyances of said land by lot number shown on the plat shall be considered a complete and proper description thereof. 2 There are certain strips of ground shown and described on the plat, marked "Utility Easements and reserved for the use of public utilities purposes, subject at all times to the proper authorities and to the easements herein reserved. There is also a strip of ground shown and described on the plat marked "Ingress/Egress Easement," reserved for the uses heretofore provided therein. Owners of the above -described property shall take their title subject to the rights of public utilities and the public. 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 street rights of way shown on the said plat. These lots shall be sold by the Grantor and purchased by the buyer(s) thereof, subject to the following covenants: 1. Any rights -of -way behind the curb of the lots shall be maintained by the owners of the lots. 2. Said land within said lots shall be held, owned, and used in compliance with the zoning, subdivision, landscaping, runoff detention, excavation- and sign ordinances of the City of Little Rock as they applied to said land at the time of recording hereof or as such ordinances may be amended from time to time to provide for less restrictive use. 3. Easements of way for streets as shown on the plat filed herewith have heretofore been donated and dedicated 3 to the public, and persons, firms or corporations engaged in supplying public utility services, the same being without limiting the generality of the foregoing, electric, power, gas, telephone, water and sewer, shall have the right to use and occupy said easements of way and street for the installation, maintenance, repair and replacement of such facilities as are necessary to supply such utility services. Easements for the installation, maintenance, repair and replacement of utility facilities and services, sewer and drainage, have theretofore been reserved, said easements being of various widths, reference being made to the plat filed herewith for a specific description of the width and location thereof. Excavations within the area of such easements for the erection of any fence (wood, wire, stone, brick or any other material) or for any other purpose shall be made without interference with the installation, maintenance, repair and replacement of any utility facilities and services. 4. These covenants and restrictions shall run with the land and shall be binding on all parties claiming under them in perpetuity. 5. The covenants and restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns, and all parties claiming by 4 through or under it shall be taken to hold, agree and covenant with the owner of the lots hereby restricted, and with its successors and assigns, and with each of them to conform to and observe said covenants and restrictions as to the use of such lots in the construction of improvements thereon, but no restriction herein set forth shall be personally binding upon any corporation, person or person, except in respect to breaches committed during its, his or their seisin of title to said land, and Grantor, its successors and 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 of or to enforce the observance of the covenants and restrictions above set forth, in addition to ordinary legal action for damages. Failure of Grantor, its successors or assigns, or any owner or owners of such lots to enforce any of the covenants restrictions herein 'set forth at the time of its violations shall, in no event, be deemed to be a waiver of the right to do so thereafter. 6. In the event any provision of this Bill of Assurance shall be determined to be invalid by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall remain in full force 5 and effect. 7. Any and all of the covenants set forth herein may be amended, modified, extended, changed or canceled in whole or in part from time to time by written instrument signed and acknowledged by the owner or owners of two-thirds (2/3rds) of the total land included in Lot 12 and Lot 13 combined. EXECUTED at Little Rock, Arkansas, this %S day of APkIL , 1993. MID-AMERICA FINANCIAL SERVICES, INC. By: 2 Robert T. Gammill, President ATTES ACKNOWLEDGMENT STATE OF ARKANSAS) ) SS: COUNTY OF PULASKI) BY: 40K ' 67I DATE: % On this day personally appeared before me, the undersigned, a Notary Public, duly commission and acting, Robert T. Gammill, L President of MID-AMERICA FINANCIAL SERVICES, INC., an Arkansas corporation, Grantor, who stated and acknowledged that he had executed the above and foregoing Bill of Assurance with due authority from said Corporation and for the uses and purposes therein contained and set forth. My Commission Expires: (SEAL) LITTLE ROCK PLANNING COMMISSION BY: DATE: circuit\assur 7 tm:4 F'F- - -'D:S -r F=R I a C PUDL-IC WORKS DCR C L- R- porimorl 01, No W60't--.