HomeMy WebLinkAboutS-0166-K Application,.
2012036755 Received: 6f18l2012 2:29:47 PM
Recorded: 0611812012 02:34:05 pM Flied
Recorded in Official Records of Larry Crane.
PULASKI COUNTY C1RCUITICCUNTY CLERK
Fees $25.00
THIS INSTRUMENT PREPARED BY:
J. Cliff McKinney, Esq.
Quattlebaum, Grooms, Tull & Burrow PLLC ter of
l 11 Center Street, Suite 1900
Little Rock, Arkansas 72201-
(501) 379-1700
>.' . c;
BILL OF ASSURANCE
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WHEREAS, Phillip J. Deer and Lynda Deer, husband and wife (collectively,
"Grantors") are the owners of the following described land lying in the City of Little
Rock, Pulaski County, Arkansas:
1_nt 611, ROB INY>4 00D, a StjbdiAslon of
parts of Sections 23,26 and 27, T-2-N, R-13-W, Pulaski County, Arkansas, subjecL to a 20 fleet wide easement along the East
boundary from Robinwood Drive to the North boundary of Lot 68 to provide access for Owner's heirs and assigns and for future
openers, their heirs and assigns.
AND
Part of the %SWA SWY, Section 23 and part of NVVY, NWl<, Section 26, T-2-N, R-13-W, Pulaski County, Arkansas, more particularly
described as: Beginning at the NE corner of 5f SWY. S W/ said Section 23, thence Southerly along the East line of said SY Sbv% SW);
and the East line of the NW% NW%, Section 26, to a point on a line that runs betuieen the N%1 corner of Lot 55 and the NE corner of
Lot 64, both in Robinwood Subdivision, Little Roca, Arkansas; thence Southwesterly along said line to the NE corner of said Lot 64;
thence Northwesterly along the Northerly line of said Lot 64 and the Northerly line of Lot 65, said Robinwood Subdivision to the NE
corner of Lot 66; thence Northerly along the East line of said Lot 66 extended Northerly 3.50 feet; thence Northwesterly along a line
150 feet Northerly of and parallel with the North line of said Lot 66 and the North line of Lot 67, said Robinwood 5ubdivl5ion, 290
feet to a point on the west line of Lot 67, extended Northerly; thence Northeasterly alongthe West line of Lot 67, extended
Northerly to a pointon the North line of said SY, SWY, S'a X, Section 23; thence Easterly along -,aid North line to the point of
beginning. SUBIECrto a 50 Beet wide easement along the entire South boundary to provide access for my heirs and assigns and for
future owners, their heirs and assigns.
AND
A part of the SWA, SV19, Section 23, T-Z-N, R-13-W, Pulaski County, Arkansas, more particularly described as beginning at the NE
corner of Lot 68, Robinvarsod Addition to the Cty of Little Rock, Arkansas; thence N 69'00' W, along the North line of said Lot 68,
14S.0 feet to the NW cornerthereof; thence N 29'x9'31' E, 449,91 feet; thence N 21°00' E, approximately 92 feet to the North line
of the 5%SWX SWX; thence Easterly along said North line, 96.57 feet to Its intersection with the Northerly projection of the East line
of said Lot 68; thence S 21°00' W along said projection approximately 569 feet to the point of beginning. SUBJECT to a 50 feet wide
easement along the East boundary from the North boundary of Robinwood, Lot 58 to the tract's North boundary to provide access
for owner's heirs and assigns and for future owners, their heirs and assigns.
Grantors have caused the land described on Exhibit 1 to be surveyed and a plat
(the "Plat") thereof made, which is identified by the title of "Lots 68R and 68RR,
Foxcroft Addition to the City of Little Rock, Pulaski County, Arkansas". This Bill of
Assurance and the Plat have been signed by said Grantors is recorded in the office of the
Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in Plat Book `�aQ �� 5
Page . The Grantors do hereby make this Bill of Assurance to govern and control
the land described in the Plat.
HEREAFTER, conveyances and descriptions of the property as shown on the Plat
shall be a proper and sufficient description thereof.
Lots 68R and 68RR, Foxcroft Addition, City of Little Rock, Pulaski County,
Arkansas, shall be conveyed by the Grantors and shall be acquired by the Grantees
thereof, subject to the covenants contained herein and the Plat.
RIGHTS OF WAY: With the filing of this Bill of Assurance and Plat in the
office of the Circuit Clerk of Pulaski County, Arkansas, the
rights -of -way shown on said Plat (if any) are hereby
dedicated to the City of Little Rock. The utility easements
shown thereon on dedicated to the appropriate public
utilities. The platted 20' access easement and 50' access
easements, respectively, are exclusively for the limited use
of vehicular and pedestrian ingress and egress for the
owner of Lot 68RR and for no other property or use.
TERM/AMENDMENT: This Bill of Assurance shall be in full force and effect in
perpetuity subject to the following amendment and
termination rights of the owners of the Property. This Bill
of Assurance may be amended or terminated at any time
from the date hereof by the unanimous written agreement
of the owners of Lots [list the lot numbers]. The parties are
mindful of the decision in Rausch Coleman Homes, LLC v.
Brech, 2009 Ark. App. 225 (the "Decision") and do not
wish for the Decision to limit the ability of the parties to
amend this Bill of Assurance at any time and from time -to -
time. The parties intend that this Bill of Assurance may be
amended at any time from the date hereof throughout the
term of this Bill of Assurance and expressly intend and
agree that this Bill of Assurance may be amended prior to
any expiration or termination date set forth herein.
RESTRICTIONS: Grantors and all future grantees of the property described in
this Bill of Assurance and the Plat specifically agree all
ordinances of the City of Little Rock shall be strictly
adhered to and followed and, should the Plat or this Bill of
Assurance be contrary, in any way, to the ordinances
adopted by the City of Little Rock, from time to time, such
ordinances shall have precedence.
All buildings constructed on said lots shall be constructed
no nearer the street than the building line shown on the
Plat, and all buildings shall be constructed in conformance
with the Building Code and Zoning Ordinance of the City
of Little Rock, Arkansas.
IN WITNESS WHEREOF, Grantors do hereby set their hand and seal on this Bill
of Assurance.
Reviewed only for inclusion of minimum standards
required by the City of Little Rock subdivision regulations
Bill of Assurance provisions established by tho
developer may exceed minimum regulations of tho
Little Rock subdivision and zoning ordinances.
' . c I-)C 1112t
\CV of Little Rock Planning Commission
STATE OF ARKANSAS
)ss.
COUNTY OF PULASKI
ACKNOWLEDGMENT
On this day, before me, a Notary Public, duly commissioned, qualified and
acting, with and for said County and State, appeared in person the within named Phillip J.
Deer, III, to me well known, who stated and acknowledged she 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 —j �-) , 2013L,
N tary ublic
My commission expires:
STATE OF ARKANSAS )
)ss. ACKNOWLEDGMENT
COUNTY OF PULASKI )
On this day, before me, a Notary Public, duly commissioned, qualified and
acting, with and for said County and State, appeared in person the within named Lynda
Deer, to me well known, who stated and acknowledged she signed, executed and
delivered the foregoing instrument for the consideration, uses and purposes therein
mentioned and set forth.
JN TESTIMONY WHEREOF, I have hereunto set my hand and official seal
this day of 201�-
Aaz�Q
N tar ubiic
My commission expires:
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ARKANSAS
ec:mu `1UNTY
JULY 9, 2018
'368628