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Home My WebLink AboutS-0159-C ApplicationCITY OF LITTLE ROCK NO. OFFICE OF COMPREHENSIVE PLANNING FILING FEES Little Rock, Ark. !- 19..�. Rezoning Application . . . . . . . . . . . . . . $ Board of Adjustment Application. . . . . . . . . $ Preliminary Plat . . . . . $ F i n a l P l a tw. Street Name Signs: No. Signs At Ea. $ TOTAL $ Ire C ^z I G1 ____• L.L. ,� � t�-- E� File No S!2 Address: Applicant; This instrument prepared by: Hal Joseph Kemp, P.A. Attorney at Law 1021 Pyramid Place Little Rock, AR 72201 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, FINANCIAL CENTRE CORPORATION, an Arkansas Corporation, (hereinafter referred to as "ALLOTTOR"), is the owner of the following described real property, to -wit: Part of Lots 13, 14, 19, 20, 29 and 30 and part of Nason Street (CLOSED), West Highland Subdivision, Little Rock, Pulaski County, Arkansas, all more particularly described as follows: Starting at the Northwest corner of Tract "F-111, Pyramid Park, an Addition to the City of Little Rock, Arkansas; thence North 41' 58' S4" East along the North line of said Tract "F-111. 183.23 feet to the Northeast corner thereof, thence South 64' 13' 04" East along the North line of said Tract "F-1111. 79.54 feet to the point of beginning; thence North 0° 32' 371' West 511.19 feet to a point on the North line of said Tract 13; thence South 89' 12' 3511 East along the North line of said Tract 13, 57.01 -1- Bill of Assurance: feet to the Southwest corner of Lot 27, Birchwood Addition to the City of Little Rock, Arkansas; thence South 89' 12' 35" East along the South line of said Lot 27, said South line extended Easterly and along the South line of Lot 28, said Birchwood Addition, 319.8 feet to a point in the centerline of Nason Street (CLOSED), thence South 0° 44' 35" East along said centerline, 259.57 feet to a point; thence South 0° 3S' 44" East and continuing along said centerline, 114.69 feet to a point on the North right-of-way line of Financial Centre Parkway, thence Southwesterly along said North right-of-way, being the arc of a 868.51 foot radius curve to the left, having a chord bearing and distance of South 51' 33' 46" West 113.18 feet to a point; thence South 47' 49' 46" West and continuing along said North right-of-way line, 210.38 feet to the Southeast corner of Tract "F=111, Pyramid Park, an Addition to the City of Little Rock, Arkansas; -thence North 42' 10' 14" West along the East line of said Tract "F-1", 40.0 feet to a point; thence North 64' 13' 04" West and continuing along said East line, 115.46 feet to the point of beginning, containing 189,302 sq. ft. or 4.3458 acres, more or less. WHEREAS, it is deemed advisable that the above des- cribed real property be subdivided into a building lot as shown on the attached Plat filed herewith, and that the -2- Bill of Assurance: Bill of Assurance to said property be held, owned and conveyed subject to the protective covenants herein contained, in order to enhance the value of said property. NOW THEREFORE, W I T N E S S E T H: The "ALLOTTOR", for and in consideration of the benefits to accrue to the Owner, 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 Edward G. Smith Engineering and Edward G. Smith, a registered professional engineer, dated and bearing a certificate of approval executed by the Little Rock Planning Commission and showing the bounds and dimensions of the property now being subdivided into a lot. "ALLOTTOR11 has previously donated and dedicated to the public an easement of way on, over and under the streets on said Plat to be used as public streets. In addition to said streets, there are shown on the Plat certain easements for drainage, sewer and utilities, which "ALLOTTOR" hereby donates and dedicates to and for use -3- Bill of Assurance: by public utilities, the same being, without limiting the generality of the foregoing, electric power, gas, tele- phone, water and sewer, with the right hereby granted to the persons, firms or corporations engaged in the sup- plying of such utilities to use and occupy such easements, and to have free ingress and egress therefrom for the installation, maintenance,_ repair and replacement of such utility services. The filing of the 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 and dedication of the easements, subject to the limitations herein set forth. The lands embraced in said Plat shall be forever known as "Tract F-2, Pyramid Park, An Addition to the City of Little Rock, Pulaski County, Arkansas" and any and every deed of conveyance of said lot in said Subdivision describing the same by the number shown on said Plat shall always be deemed a sufficient description thereof. Said land herein platted and interest therein shall be held, owned and conveyed subject to and in conformity with the following covenants: -4- Bill of Assurance: COVENANT I LAND USE AND BUILDING TYPE The land herein platted shall be held, owned and used only for commercial purposes and any use thereof shall comply with the Little Rock Zoning Ordinances in effect at the time. COVENANT II EASEMENTS FOR PUBLIC UTILITIES Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have heretofore been donated and dedicated, said easements being of various widths, reference being hereby made to the Plat filed herewith for a more specific description of widths and locations thereof. In the event any trees, shrubbery, incinerators, structures, buildings, fences, pavement or similar improvements shall be grown, built or maintained within the area of such utility easements, no person, firm or corporation engaged in supplying public utility services shall be liable for the destruction of same in the installation, maintenance, repair, or -5- Bill of Assurance: replacement of any utility service located within the area of such easement. COVENANT III 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 lot 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 lot and the construction of improvements thereon, but, no restric- tion herein set forth shall be personally binding upon any corporation, person or persons, except in respect to breaches committed during its, his, or their seizin of title to said land, and the owner or owners of the lot 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. COVENANT IV MODIFICATION OF RESTRICTIONS Any and all of the covenants, provisions and restric- MIZ Bill of Assurance: tions set forth in this Bill of Assurance may be amended, modified, extended, changed or cancelled, in whole or in part, by a written instrument signed and acknowledged by the owner or owners of more than fifty (SO%) percent 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. Each covenant in this Bill _of Assurance, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2000. COVENANT V EXTENSION 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 ori cancelled as provided herein. COVENANT VI SEPARABILITY Invalidation of any restriction set forth herein, or -7- Bill of Assurance: any part thereof by an Order, Judgment or Decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or any part thereof as set forth herein, but they shall remain in full force and effect. EXECUTED at Little Rock, Arkansas, this day of &,+,6el2 - 1986. LITTLE ROCK PLANNING COMM SION .APPROVED FINANCIAL CENTRE CORPORATION ALLOTTOR: -8- Bill of Assurance: ACKNOWLEDGMENT STATE OF ARKANSAS) )ss COUNTY OF PULASKI) On this the re-' day of , 1986, before me, a Notary Public, personally appeared Edward K. Willis who acknowledged himself to be the President of Financial Centre Corporation, and that he, as such officer and being authorized so to do, executed the foregoing instrument for the consideration, uses and purposes therein contained by signing the name of the corporation by themselves as such officers. IN WITNESS WHEREOF I hereunto se my hand and official seal on this day of 9 1986. Notary Public My Commission Expires: Ref :0F125R/hjk091286 WE M.AM.SOC.C.E. REG.'ROF.ENGR.NO.485 M.NAT.SOC.P.S. EDWARD G. SMITH & ASSOCIATES CONSULTING ENGINEERS 401 Victory Street Little Rock, Arkansas 72201 1-501-374,1666 , Comprehensive Planning City Hall Little Rock, Arkansas 72201 Gentlemen: It is requested that a Certificate of Final Plat Approval be issued for :U?AL7 rF-'!-1z located in Section 4 T- - R-V, Little Rock, Pulaski County, Arkansas. Please let us know if there is additional information required. Sincerely, EDWARD G. SMITH & ASSOCIATES ' Enc. �� j� Z5CO�'cg";& _P//0 U2 � f /Gt� '� Cr CY