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HomeMy WebLinkAboutS-1620-B ApplicationTHIS INSTRUMENT PREPARED BY. G. Robert Hardin Hardin & Grace, P. A. 500 Main Street, Suite A North Little Rock, AR 72114 (501)378-7900 2015004914 Received: 1/23/2015 9:.31:57 Ah1 Recorded: "1123/2015 09:34:38 A1' Filed & Rec::, ded to Official Recor -of Larry Crane PULASKI COUNTY CIRCUIT/COUNTY CLERic Fees $30.00 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, Westwood Real Estate Development, LLC, an limited liability company (referred to as "Grantor"), is the owner described lands lying in the County of Pulaski, State of Arkansas, to wit. Arkarsas of the following " Part of the NE1/4 of the NW1/4 of Section 19, Township 2 North, Range 13 West in the City of Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the Northeast corner of Lot 1 (shown on Plat 2008055893, records of Pulaski County, Arkansas, as Lot 1-R) Cantrell Falls Subdivision, which is also the point of beginning, thence along a curve to the right 78.90 feet having a radius of 693.00 feet and a chord bearing and distance of North 09 degrees 41 minutes 06 seconds East 78.86 feet; thence along a curve to the left 99.66 feet having a radius of 490.75 feet and a chord bearing and distance of North 06 degrees 45 minutes 10 seconds East 99.12 feet; thence North 00 degree 47 minutes 02 seconds East 34.24 feet; thence South 88 degrees 47 minutes 57 seconds East 284.81 feet; thence South 01 degree 29 minutes 33 seconds West 89.18 feet; thence South 01 degree 17 minutes 05 seconds West 333.19 feet to a point which is also on the North right-of-way line of Cantrell Road (Arkansas State Highway No. 10); thence North 89 degrees 52 minutes 10 seconds West 113.70 feet; thence North 78 degrees 48 minutes 48 seconds West 101.61 feet; thence North 69 degrees 26 minutes 19 seconds West 129.27 feet; thence leaving said right-of-way line North 18 degrees 51 minutes 57 seconds East 36.43 feet; thence along a 14.2554 degree curve to the left 99.49 feet and having a radius of 402.21 feet and a chord bearing and distance of North 11 degrees 46 minutes 47 seconds East 99.24 feet; thence North 05 degrees 33 minutes 30 seconds East 20.92 feet to the point of beginning. AND, WHEREAS, it is desirable that all of the above described property be subdivided into lots and blocks; NOW, THEREFORE, WITNESSETH: Grantor has caused said tract of land to be surveyed by Paul M. White having Arkansas Land Surveyor License Number 1281 and certified by Timothy E. Daters having Arkansas Professional Engineering Licens Number 5033, and a plat thereof made which is identified by the title Lot 4, Cantrell Falls an Addition to the City of Little Rock, Pulaski County, Arkansas and dated January, 2015, and by recordation by the Circuit Clerk and ex-officio Recorder of Pulaski County, Arkansas, in Plat Book, , page and the Grantor does hereby make this Bill of Assurance. Lot 4 is separately identified by metes and bounds description on Exhibit A attached hereto and incorporated herein. _ Page 1 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, Cantrell Falls an Addition to the City of Little Rock, Pulaski County, Arkansas. Grantor hereby dedicates to the public easements shown by said plat. Hereafter, conveyance and description of any of said lands by Lot number as shown on said plat, shall be a proper and sufficient description thereof. Lot 4 (and all other lots to be platted in the future shall be subject to the following covenants, to wit: 1. Lot 1 shall be re -subdivided into nor shall any structure be erected or placed on any Lot having a width or total area less than the minimum standards as set forth by current Zoning and Subdivision Ordinance regulations for the City of Little Rock and pertaining to the current zoning classification of the subject Lot. 2. No building is to be constructed on Lot 4 nearer than the setback lines noted on said plat. All other applicable setbacks for buildings and parking areas shall be in accordance with provisions for front, side and rear yard setbacks as set forth in current Zoning and Subdivision Ordinance regulations for the City of Little Rock, and pertaining to the current zoning classification of Lot 4, at the time of development. 3. No buildings or other structures shall be built or maintained within the area of any of the easements shown on the plat, and in the event any such obstruction is placed thereon in violation of this restriction and reservation, no utility or public agent will be liable for destruction of same in constructing and maintaining its facilities located within the area of said easement. 4. Lot 4 shall be expressly governed and bound by all provisions of City of Little Rock Ordinance Number 19,946, recorded in the real estate records of Pulaski County, Arkansas on May 28, 2008, as Instrument No. 2008036664. 5. No obstruction shall be placed in the street or gutter. Curbs shall be broken at driveways, and driveway aprons shall not extend past the face of the curb. 6. These covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 180 days from the date this Bill of Assurance is recorded, after which time said covenants and restrictions shall be automatically extended for successive periods of ninety-nine (99) years, unless an instrument signed by the then owner of Lot 4 has been recorded, agreeing to change said covenants and restrictions in whole or in part, which approval and consent shall not be unreasonably delayed, withheld or conditioned. Page 2 7. Except as allowed by Paragraph 6, these covenants and restrictions shall not be amended, cancelled or supplemented unless an instrument signed by the then owner of Lot 4, which approval and consent shall not be unreasonably delayed, withheld or conditioned, is placed on record agreeing to change the covenants and restrictions in whole or in part, and any change must, prior to becoming effective, have the approval of the Little Rock Planning Commission. 8. 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 Lot 4 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. 9. The invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. The considerations set forth in items one through nine 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 City of Little Rock Planning Commission, and shall not be considered part of the City of Little Rock Planning Commission's requirements for plat approval. IN WITNESS WHEREOF, the undersigned executed this Bill of Assurance on the day and year noted below. "*;--ryn d o�ty for iwuz&,- of r- irimum stance :di requircd by the City of Utdo Rock subdiviabn regulat!=, ©HI of Assurance rraJisions csL- shF-iJ by C-1,- devsloper �.ay exw--d minirrurn ra,ula4ion s of the �c subd Wsion and zoning ordinaria3s. r city c Rack Plapnim Commission WESTWOOD REAL ESTATE DEVELOPMENT, LLC, an Arkansas limited i�biiit company By:� � � �� � � Steve Wortman, Manager Approved by: CITY OF LITTLE ROCK ARKANSAS PLANNING COMMISSION By: Print Name: Title: Reviewed only for inclusion of minimum standards required by the City of Little Rock subdivision regulations. Bill of Assurance provisions established by the developer may exceed minimum regulations of the Little Rock subdivision and zoning ordinances. Page 3 ACKNOWLEDGMENT STATE OF ARKANSAS ) )ss: COUNTY OF PULASKI ) On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, the within named Steve Wortman, Manager of WESTWOOD REAL ESTATE DEVELOPMENT, LLC, an Arkansas limited liability company, and stated that he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he had so signed, executed and delivered the 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 day of.�i,�u�, 2015. TAMARA M. GUFFEY Arkansas - Saline County Notary Public - Comm* 12396983 My Commission Expires Feb 3, 2024 Page 4