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Home My WebLink AboutS-0159-E Application4 CITY OF LITTLE ROCK, ARKANSAS !' DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING t FILING FEES DATE , 19 s NO.— P $ ' Annexation . . . . . • . • . . . . • . k Board of Adjustment Application. • • • . • . $ - Conditional Use Permit . . . . . . . . . . . $ Final Plat . . . • . . . . . . . . . . Planned Unit Development preliminary t f r''•$ 1 I Rezoning App ication - - -� =$ b Site -Plan (Multiple Building/Zoning) Q• Special Use Permit . • • • • . • CL Street, Alley, or Easement Closure. a`$ { chcin e . . . . � Street Name 9 � b. Street Name igns: Signs— at ea. $. 4 TOTAL $ File No.: Address: By: i Applicant:_-_- _ — — BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, SUITES OF AMERICA, INC., a Delaware Corpora- tion (hereafter referred to as "ALLOTTOR"), is the owner of the following described real property, to -wit: Part of Tracts 13, 20, and 29, West Highland Subdivi- sion, Little Rock, Pulaski County, Arkansas, more particularly described as: Beginning at the Northwest corner of Tract "F-1" Pyramid Park, an Addition to the City of Little Rock, Arkansas, said corner lying on the East right-of-way line of Hardin Road; thence North 29 degrees 48' 14" West along the East right-of-way line of Hardin Road, 45.11 feet to a point; thence Northwesterly and continuing along said East right-of-way line, being the arc of a 165.99 foot radius curve to the right, having a chord bearing and distance of North 15 degrees 10' 14" West, 83.87 feet to a point; thence North 00 degrees 32' 14" West and continuing along said East right-of-way line, 234.24 feet to a point on the South line of said Tract 13, West Highland Subdivision, thence North 89 degrees 31' 29" West along the South line of said Tract 13, 10.0 feet to the Southwest corner of said Tract 13, said corner lying on the East right-of-way line of Hardin Road; thence North 00 degrees 32' 14" West along the East line of said Tract 13, 261.81 feet to a point; thence South 89 degrees 12' 35" East 248.38 feet to the Nbrthwest corner of Tract "F-2", said Pyramid Park Addition; thence South 00 degrees 32' 37" East along the West line of said Tract "F-2", 511.19 feet to a point on the North line of said Tract "F-1", Pyramid Park Addition; thence North 64 degrees 13' 04" West along said North line, 79.54 feet to a point; thence South 41 degrees 58' 54" West and continuing along said North line 183.23 feet to the point of beginning, and containing 130,340 sq. ft., or 2.9922 acres, more or less. WHEREAS, it is deemed advisable that the above described real property be subdivided into a building lot as shown on the attached Plat filed herewith, and that the Bill of Assurance to said property be held, owned and conveyed subject to the Bill of Assurance: protective covenants herein contained, in order to enhance the value of said property. NOW THEREFORE, WITNESSETH: 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 White-Daters & Associates, Inc. and Timothy E. Daters, a registered professional engineer, dated December 18, 1991 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. The lands embraced in said Plat shall be forever known as "Lot F-3, Pyramid Park Addition to the City of Little Rock, 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: 2 - 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 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 the present owner shall take and 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 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 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. - 3 - Bill of Assurance: COVENANT III MODIFICATION 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 cancelled, in whole or in part, by written instrument signed and acknowledged by the owner or owners of more than fifty (50%) 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 IV 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 or cancelled as provided herein. COVENANT V SEPARABILITY Invalidation of any restriction set forth herein, or any part thereof by an owner, Judgment of Decree of any court, or - 4 - Bill of Assurance: otherwise, shall -not invalidate or affect any of the other restrictions, or any part thereof as set forth herein, but shall remain in full force and effect. EXECUTED at Fairfield, New Jersey, this -90 day of December, 1991. SUITES OF AMERICA, INC. ALLOTTOR: By: Title: 13 y Title: ACKNOWLEDGMENT STATE OF NEW JERSEY COUNTY OF ESSEX On this the �` day of December, 1991, before me, a Notary Public, personally appeared nd , -�kyj who acknowledged themselves to be the and V 1. • of Suites of America, Inc., and that they, as such officers 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 set my hand and official seal on this 3�day of December, 1991. My commission expires: CHARLOTTE A. VAN DUYNE fdnAnpe Palic of New lew Mir Comm}ssion Expims 3/5/95 9-0—tar y Public — 5 —