HomeMy WebLinkAboutS-1101 ApplicationCity of Little Rock Engineering Division
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The Civil Engineering Requirements or Filing c= Final Plats
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CIVIL ENGINEERING RE-SPONISE
Encineerina Division
The Civil Engineering Recruirements for Filing of Final Plats
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AMENDED BILL OF ASSURANCE:
LOT "A", MARKHAM PINES ADDITION
TO THE
CITY OF LITTLE ROCK, ARKANSAS
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, WHEREAS,, E-Z MART STORES, INC. (herein Grantor) is the sole owner of
Lot "A", MARKHAM PINES ADDITION to the City of Little Rock, Arkansas; and
WHEREAS, said Grantor received certain variances from the frontyard and sideyard
setback requirements of the City of Little Rock Code of Ordinances, the last of said variances
having been approved by the Board of Zoning Adjustment of the City of Little Rock on
November 27, 1995; and
WHEREAS, all of the conditions of those variances have been met, including but not
limited to the delivery of a deed granting additional right of way to the City of Little Rock,
except the effectuation of a one lot re -plat reflecting the additional right-of-way and the adjusted
setback lines; and
WHEREAS, it is, therefore, desirable to re -plat the aforesaid Lot "A", MARKHAM
PINES ADDITION to the City of Little Rock, currently platted in the records of the Circuit and
County Clerk of Pulaski County, Arkansas, in Book 31 at Page 84 under date of January 5,
1973:
NOW, THEREFORE, WITNESSETH:
THAT, the Grantor has caused said tract of land to be re -surveyed by Wallace D. Roy,
registered professional land surveyor, and a re -plat thereof made which is identified by the title
"Replat, Lot `A', MARKHAM PINES ADDITION, Little Rock, Pulaski County, Arkansas,"
and the date February 20, 1996, and by the approving signatures of the Grantor, -the appropriate
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agency of the City of Little Rock, and the signed file -mark of the Circuit and County Clerk of
Pulaski County, Arkansas, in Plat Book at Page , and the Grantor does hereby
make this Amended Bill of Assurance; and
The Grantor does hereby certify that it has laid off, re -platted and re -subdivided and does
hereby lay off, re -plat and re -subdivide said real estate in accordance with that re -plat, which
shall continue to be known forever as "Lot `A', MARKHAM PINES ADDITION to the City
of Little Rock, Arkansas"; and
The Grantor does hereby dedicate and re -dedicate, as applicable, to the public forever
easements of way on and over the streets as shown on said re -plat, to be used as public streets;
and
There are strips of ground shown and dimensioned on said re -plat marked "utility
easement", which shall hereinafter be reserved for the use of public utilities, subject at all times
to the proper authorities and to the easements herein reserved, and owners of the lot in this
subdivision shall take the same subject to the rights of public utilities and the public.
The filing of this amended bill of assurance and re -plat for record in the office of the
Circuit and County Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, shall be a valid
and complete delivery of the streets and easements shown the said re -plat.
Hereafter conveyance and description of said lands by said lot number shall be a proper
and complete description therefor. The lot in said subdivision shall remain subject to and shall
be purchased by buyers thereof, as re -platted, the covenants set forth as follows, which replace
those in the original bill of assurance in their entirety, to -wit:
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1. The lot may not be re -subdivided without the approval of the appropriate agencies
of the City of Little Rock.
2. No building or fence shall be constructed on the lot nearer than the building lines
shown on said re -plat.
3. No buildings, fences, incinerators, paved driveways, or any other permanent
structure or improvements of any kinds, whether herein specifically enumerated or not, shall be
built or maintained within the area of any of the utility easements shown on the re -plat, and in
the event any such obstruction is placed thereon in violation of this restriction and reservation,
no utility and/or public agent will be liable for destruction of same in constructing and
maintaining its facilities located within the area of said easement.
4. No permanent fence, wall, hedge, or shrub planting or other obstacle other than
canopy supports which obstructs sight lines at elevations of more than 30 inches above the
roadways shall be placed or permitted to remain at the corner of the lot within the triangular
area formed by tangents to the corner's curve at its beginning and end, and a line connecting
them at points 50 feet from their intersection. No tree shall be permitted to remain within such
distance of such intersections unless the foliage line is maintained at a height of 8 feet to prevent
obstruction of such sight lines.
5. No obstruction shall be placed in the street or gutter. Curbs shall be broken at
driveways, and driveways 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 30 years from the date these
covenants and restrictions are recorded, after which time said covenants and restrictions shall
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be automatically extended for successive periods of 10 years, unless an instrument signed by a
majority of the then owners of the lot has been recorded, agreeing to change said covenants and
restrictions in whole or in part.
7. These covenants and restrictions shall not be amended, concealed or supplemented
unless an instrument signed by at least eighty (80) percent of the ownership of the aforesaid lot
is placed on record agreeing to change the covenants and restrictions in whole or in part, and
any change must be approved by 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 a lot in
the addition referenced herein to prosecute any proceedings at law or in equity against the person
or persons violating or attempting to violate any such covenant or restrictions, and either to
prevent him or them from so doing or 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 Planning Commission, and shall not be considered
part of the Little Rock Planning Commission's requirements for plat approval.
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IN WITNESS WHEREOF, THE said Allotter has caused these presents to be executed
this day of , 1996.
APPROVED:
LITTLE ROCK PLANNING COMNMSION
By:_
Name:
Title:
5
E-Z MART STOW ES, INC.
By:
Name:
Title:
ATTEST:
By:
Name: �4 l
Title:
STATE OF :7jS&'-2 )
ss: ACKNOWLEDGMENT
COUNTY OF )
On this day of March, 1996, before me, the undersigned, a Notary Public, duly
commissioned, qualified and acting, within and for said County and State, appeared in person
the within named l ,,,n and - , to me personally well
known, who stated that they were the:,, and of E-Z
MART STORES, INC., a/an corporation, and were duly authorized
in their respective capacities to execute the foregoing instruments for and in the name and behalf
of said corporation, and further stated and acknowledged that they had so signed, executed and
delivered said 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 March, 1996.
otary Public
My Commission Expires:
Lid-
(SEAL)
WCB/E-ZMART/97M-8
AMND-2.BOA
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DIRECT DIAL
(501) 688-BB06
W. CHRISTOPHER BARRIER
ATTORNEY -AT -LAW
MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD
A PROFESSIONAL LIMITED COMPANY
320 WEST CAPITOL AVENUE. SUITE 1000
LITTLE ROCK. ARKANSAS 72201-3525
TELEPHONE(501) 68B-9600
TELEFAX(501) 688-8807