HomeMy WebLinkAboutS-0917 ApplicationM E M O R A N D U M
TO: Van McClendon
FROM: Carroll Ball
SUBJECT: Final Subdivision Plats
ANE ADDITION:Provide standard property line radius at street intersection.
APPROVED
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BILL OF -ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, LFI CORPORATION, a Florida corporation authorized to do business in
the State of Arkansas (hereinafter referred to as the "ALLOTfOR") is the sole owner of the
following described real property, to -wit:
and
Part of the NW114, Section 29, T-1-N, R-12-VAT, Pulaski County
Arkansas and described by metes and bounds as follows:
Beginning at a point which is 80 ft. North and 70 ft. East of the
Southwest corner of said NW114, said point being the intersection
of the North right-of-way line of West 65th Street and East right-
of-way line of Patterson Avenue; thence NO°08'E along said East
right-of-way line 1008.70 ft. to a point; thence S89 °08'E, 1032.15
ft. to a point; thence SO ° 10'W 1005.70 ft. to a point on the North
right -of --way line of West 65th Street; thence N89 ° 18'W along the
North right-of-way line of West 65th Street, 1031.7 fL to the point
of beginning, containing 23.8561 Acres more or less.
VaTEREAS, it is deemed advisable that the above described real property shown on the
Plat herein mentioned hereinbelow be subdivided into two (2) industrial lots as shown on the
attached Plat filled herewith, and that the said property be held, owned and conveyed subject to
the protective covenants herein contained, in order to enhance the value of said property.
NOW, T E=ORE,
WITNESSETH:
The "AI LOTTOR", for and in consideration of the benefits to accrue to the owner of the
descn'bed real property, its successors and assigns, which benefits are hereby acknowledged to
be of value, has caused to be made a Plat, filed herewith, showing a survey made by White-
Daters & Associates, Inc., registered professional engineers, dated July 31, 1990, and bearing
a certificate of approval executed by the Little Rock Planning Commission and'shbwing bdunds'
and dimensions of the property now being subdivided into lots.
The lands embraced in said Plat shall be forever known as "Lots I and 2, A ff
ADDITION" to the City of Little Rock, Pulaski County, Arkansas; and any and every deed of
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conveyance of any lot in said Subdivision describing the same by the numbers shown on said Plat -
shall always be deemed a sufficient description thereof_
Said land herein platted and any interest therein shall be held, owned and conveyed
subject to and in conformity with the following covenants:
J. LAND USE*
The property herein above described shall be used only for industrial, manufacturing,
warehousing or distribution purposes, and shall not be used for residential purposes. No industry
or other business shall be established, maintained or permitted on said lands which produces
objectionable smoke, dust or noise other than that normally found in a manufacturing, industrial,
distribution and warehousing area, and which is otherwise lawful and in full compliance with all
environmental and health laws and regulations.
The owner of the property, or the tenant thereof where the property is leased or rented
to any other party, shall keep the premises, buildings and improvements in a safe, clean and
healthful condition, and shall comply with all applicable federal, state and local government
statutes, laws, regulations, and rules, including specifically environmental and health laws and
regulations.
2. PA.RK NG SPACE
It shall be the responsibility of each individual property owner within the property to
provide parking space for Employees and customers in order that the streets in the area shall not
be used for parking.
3. 13MMINGr LOCATION
All buildings in the Subdivision shall be set back at least fifty (50) feet from adjoining
streets and no shrubbery, fences or other obstructions which will obstruct vision of motorists at
intersections shall be planted, built or erected at any street intersections, closer than fifty (50)
feet to the street right of way line.
4. DEDICATION OF STREETS
The easements as shown dedicated on the plat above referred to are hereby dedicated to
the general public as easements.
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5. RIGHT TO ENFORCE
The restrictions herein set forth shall run with the land and shall bind the present owner,
its successors and assigns, and all parties claiming by, through or under it shall be taken whole,
agree and covenant with the owner of the lots hereby restricted, and with its 'successors or
assigns, and with each of them, to conform to and observe all of said restrictions as to the use
of said lots and the construction of improvements thereon, but, no restriction herein set Forth
shall be personally binding upon any corporation, person or persons, except in respect to
breaches committed during its, his or their actual possession of said land, and "ALLOTTOR",
its successor or 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 or to enforce the observance of, the restrictions above set forth, in addition to ordinary
legal action for damages, and any failure of "ALLOTTOR", its successors or assigns, or any
owner or owners of any lot or lots in this subdivision, 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.
6. MOMFICATION 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 or owners of one hundred percent (100%) in
area of the total of the land in this subdivision, and the provisions of such instrument so executed
shall be approved by the Little Rock Planning Commission and shall be binding from and after
the date it is duly filed for record in Pulaski County, Arkansas.
7. EXTENSION
Each covenant in this Bill of Assurance, unless expressly provided otherwise, shall remain
in full force and effect until 7anuary 1, 2010. 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.
Invalidation of any restriction set forth herein, in any part thereof by an Order, Judgment
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or Decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions,
or any party thereof as set forth herein, but they shall remain in full force and effect.
EXECUTED at Little Rock, Arkansas, this day of August, 1990.
LFI CORPORATION
i0
Title:
ATTEST:
Title:
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss
COUNTY OF PULASICI )
ON THIS DAY came before me, a Notary Public, duly commissioned, qualified and
actin8, within and for the County and State aforesaid, the within named
and , to me personally well known, who
stated that they were the President and Secretary of LFI CORPORATION, a Florida corporation,
and that they were duly authorized in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said corporation, and fiu-ther stated and
acknowledged that they had so signed, executed and delivered said foregoing instrument for the
consideration, uses and purposes therein set forth.
IN WITNESS WHEREOF, I hereunto set my hand and official seal this _ day of
August, 1990.
MY CONENMSION FXPIRM:
NOTARY PUBLIC
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APPROVED BY LrI LE Roca
PLANNING COMNIISSION
Date:
rl
WHITE-DATERS & ASSOCIATES, INC.
10 401 Victory Street
Little Rock, Arkansas 72201
J (501) 374-1680
Comprehensive Planning
City of Little Rock
City Hall
Little Rock, AR 72201
Gentlemen:
It is re u sted that a Certificate of Final Plat Approval be issued
for I2i�OILl located in
Section , T- f -_ K�`, R- - Little Rock, Pulaski
County, Arkansas.
Please let us know if there is additional information required.
Sincerely,
WHITE-DATERS & ASSOCIATES, INC.
By: C� �v-� • 1.� "
Enclosures: 1' + Cl/
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CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING