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Home My WebLink AboutS-1240-B Application_2i • F 2000072699 10/13/2000 03:52:47 PMI Filed & Recorded ili q.00 Official Records of CAROLYN STALEY PULASKI COUNTY BILL OF ASSUR.ANCpIRCUIT/COUNTY CLERK ees $26.00 KNOW ALL MEN BY THESE PRESENTS: WHEREAS, COLONEL GLENN DEVELOPMENT COMPANY, an Arkansas joint venture ("Grantor"), is the sole owner of certain lands lying in the County of Pulaski, State of Arkansas, as described in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, it is desirable that all of the property described in Exhibit "A" be platted into a single lot; NOW, THEREFORE, WITNESSETH: THAT, Grantor has caused said tract of land to be surveyed by White -Dates & Associates, Inc., Registered Land Surveyors, and a plat (the "Plat") thereof made which is identified by the title "Lot 22, I430-Colonel Glenn Commercial, City of Little Rock, Pulaski County, Arkansas" and the date October 10, 2000, same having been filed in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas in Plat Book /� , Page 90 �3 , and the Grantor does hereby make this Bill of Assurance. AND, the 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 the Plat. The Land embraced in the Plat shall be forever known as "Lot 22, I430-Colonel Glenn Commercial, City of Little Rock, Pulaski County, Arkansas." Hereafter, conveyance and description of any of said lands by lot number as shown on the Plat shall be a proper and sufficient description thereof. Grantor hereby dedicates to the public forever an easement of way on and over the street as shown by the Plat to be used as a public street. The lot in said subdivision shall be sold by the Grantor and shall be purchased by the buyer thereof, subject to the following covenants, to -wit: 1. Land Use. No lot shall be re -subdivided into nor shall any structure be erected or placed on any lot or building site that does not conform with the current subdivision and zoning standards for the zoning classification of the subject property at that time unless appropriate waivers are first obtained. 2. Set Backs. No building is to be constructed on the lot i1earer,JJA1,,1he building setbacks noted on the Plat. Other setback provisions shall be as required l*ii` u(T l64iiig and bt .�<<+ t �:."�• as CIO fj sF r:y: w i O THIS INSTRUMENT PREPARED BY • • l%s, HILBURN. CALHOON, HARPER, PRUNISKI & CALHOUN, LTD i -;,i �.7; s•.. �I� • i {_ ATTORNEYS AT LAW k' v�rty, .• FIRSTAR BANK BUILDING v� lC�• „�.,,,'V-0 cff.•fS�C I' ONE RIVERFRONT PLACE, EIGHTH FLOOR;�•+��,. NORTH LITTLE ROCK, ARKANSAS 72114 y„ i.%;� i'�+�'.;•.i '+ L!•ti BILL OF ASSURANCE Page 2 subdivision regulations applicable for the zoning classification of the property at the time unless appropriate waivers are first obtained. 3. Architectural Control. No building or fences shall be erected, placed or altered on any part of the property described in Exhibit "A" until the building plans, specifications, exterior color scheme and plot plan showing the location and facing of such building with respect to the existing topography, adjoining streets and finished ground elevations have been approved in writing by the Architectural Control Committee, hereinafter referred to as "ACC." The ACC shall be composed of three (3) persons appointed by Grantor; at such time as I430-Colonel Glenn Commercial Subdivision shall include at least ten (10) lots, then sixty percent (60%) of the owners of all platted lots in said Subdivision may thereafter select the ACC. The primary purpose of said ACC shall be to insure that proper standards of planning, design and construction are followed in the development of these properties, including the maintenance and landscaping of same. For the purpose of reviewing plans and specifications, the ACC may elect one of its members to exercise the full authority granted herein to the ACC as long as such authority does not conflict with any laws or ordinances of any governmental body or with any rules, regulations or directions of authorized public agencies. A decision on any submission of such plans and specifications by a landowner to the ACC shall be made within thirty (30) days of the date of the submission of all such required information. The failure of the ACC to give written notice to a landowner of its rejection of a plan within thirty (30) days of its receipt of said plan shall be deemed to constitute the approval of said committee. The granting of any approval, permit or authorization by the ACC or by the member elected to exercise its authority shall be final and binding. No member of the ACC or any member thereof shall incur any personal liability by reason of the refusal to approve any plans or specifications submitted hereunder. Any submission to the ACC for approval of a proposed development shall include: (a) A site plan, to scale, indicating the location of all proposed improvements, including, without limitation, structures, parking areas, storage and maintenance areas, fencing, drainage and traffic circulation; (b) Landscape plan, to scale, indicating site topography, elevation of walks, drive and building entries, existing tree locations, proposed tree removal and/or replacement (location and trunk diameter), fending location, size of fencing and material thereof, and any other pertinent site treatment; (c) Building elevations, to scale, indicating all elevations or proposed structures with specifications of building materials, fences and color schemes; and Beaeb r BILL OF ASSURANCE Page 3 (d) Sign plan, indicating design, location and details of all signs which will be visible from the exterior of any building. Approval of any proposed development by the ACC will not relieve any owner of the obligation to comply with all laws, ordinances, regulations or rules or any governmental body, nor can any owner rely upon such approval as an indication of such compliance. In no event will approval of such proposed development by the ACC or the Property Owners Control Committee create any liability to the owner or to any third party who may seek to rely thereon. 4. Additional Lands. Grantor, its successors and assigns, shall have the right to add and include additional lands in I430-Colonel Glenn Commercial, Pulaski County, Arkansas, at any time up to and including December 31, 2020, without the consent or approval of lot owners. Additions authorized under this paragraph shall be made by the Grantor, its successors and assigns, executing and filing in the office of the Recorder of Pulaski County, Arkansas, a Bill of Assurance or similar instrument describing such additional lands with appropriate language showing the same to be subject to the covenants and provisions contained in this Bill of Assurance. 5. Covenants Runnina with Land. 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 thirty (30) years from the date these covenants and restrictions are recorded, after which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants and restrictions in whole or in part. 6. A meiidments. These covenants and restrictions shall not be amended, canceled or supplemented unless an instrument signed by a majority of the then owners of the aforesaid lots is placed on record agreeing to change the covenants and restrictions in whole or in part, and any change must be approved by the City of Little Rock Planning Commission. 7. Remedies. 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 or lots in said addition or any future or other phase thereof, 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 compensation for such violation. 8. Severabitit . The invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any of the other provisions, which shall remain in full force and effect. -BeactV BILL OF ASSURANCE Page 4 The considerations set forth in items one through eight 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 City of Little Rock Planning Commission's requirements for plat approval. GRANTOR: COLONEL GLENN DEVELOPMENT COMPANY, an Arkansas ioint venture By: Robert . Vogel, Joint enturer By: Gary L y, JoiyA Venturer APPROVED: CITY OF LITTLE ROCK PLANNING COMMISSION By: 4Lk)�-060— Date: ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) ON THIS DAY before me, a Notary Public, duly commissioned, qualified and acting within and for the County and State aforesaid, personally appeared the within named ROBERT A. VOGEL and GARY LAY, tome personally well known, who acknowledged themselves to be the Joint Venturers of COLONEL GLENN DEVELOPMENT COMPANY, an Arkansas joint venture, and further stated that they, in such capacity, being authorized to do so, executed the foregoing instrument for the purposes therein contained, by signing the name of said joint venture as such Joint Venturers. .— 11 +WITNESS WHEREOF, I have hereunZOTAR ;PUBLIC d official seal this � � day of October, 2000. OFFICIAL SEAL SHARON A. MILLER e2� Notary Public - Arkansas Pulaski County My Commission Expires: _ �% Z �� Doc# 2000072699 BILL OF ASSURANCE Page 5 EXHIBIT "A" Part of Section 21, Township 1 North, Range 13 West, Pulaski County, Arkansas, more particularly described as: Starting at the center of said Section 21; thence South 87 degrees 32 minutes 45 seconds East, 447.49 feet to the West right-of-way line of Interstate Route # 430; thence North 03 degrees 45 minutes 58 seconds East along said West right-of-way line, 1112.66 feet; thence North 21 degrees 05 minutes 50 seconds West along said West right-of-way line, 496.43 feet to the Point of Beginning; thence South 67 degrees 41 minutes 36 seconds West 515.48 feet; thence North 22 degrees 18 minutes 24 seconds West, 461.49 feet; thence Northwesterly along the arc of a 25.00 foot radius curve to the left, a chord bearing and distance of North 67 degrees 18 minutes 24 seconds West, 35.36 feet to a point on the South right-of-way line of Colonel Glenn Road; thence North 67 degrees 41 minutes 36 seconds East along said South right-of-way line 200.00 feet; thence South 87 degrees 57 minutes 58 seconds East along said South right-of-way line 417.89 feet to a point on the said West right- of-way line of I-430; thence South 14 degrees 13 minutes 34 seconds East along said West right-of-way line 281.04 feet; thence South 21 degrees 05 minutes 50 seconds East along said South right-of-way line 36.00 feet to the Point of Beginning, containing 5.2979 acres, more or less. Bead' aCity of Little Rock Depar,rnent of Public %Forks 7G1 West 1.,arkham Little F,Dck, Arkans2s 722✓1.13:10 371-4811 FAX 3: .tGG CIVIL ENGINEERING RESPONSE Engineerinq Division The Civil Engineering Requirements for Filing of Final Plats have been satisfied. Approval for filing of this plat can be issued ! -oi 22 Z'-qso Signed By R , S: 12-4-cr v � --) _ 77�G � o Z 10/1 -Z/ 2"a -.c� �f> IP Cok t-, CLR PUBLIC WORKS DEPT. DATE TO AGENCY FAX it FROM AGENCY FAX r PHONE a TOTAL PAGES ® WHITE-DATERS & ASSOCIATES, INC. 401 Victory Street Little Rock, Arkansas 72201 (501) 374-1666 Mr. Monte Moore City of Little Rock Planning & Development 723 W. Markham Little Rock, AR 72201 RE: Mr. Moore, LaT ZZ ( -Q 3 C> I C r->L "ems N Please review the following plat(s) and call Brian Dale or Paul White with any comments you may have. Thank You, Amanda Phillips CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING Gk!D,�eppr,menl of Little Rock of ��'orks 7G1 N'bsl I:,ar1.h2� Little Rock. Ark-BrlsB5 %�2,1.135D 371•eStl FAX _7 _e531 w/0 CIVIL ENGINEERING RESPONSE Enaineerinq Division The Civil Engineering Requirements for Filing of Final Plats have been satisfied. Approval for filing of this plat can be issued 04- ZZ L plc AGE Ca LG;4 G - Signed By CLR PUBLIC WORKS DEPT. DATE TO AGENCY FAX FROM AGENCY FAX r PHONE r TOTAL PAGES City of Little Rock,Ark. 0132 Filing Fees Date: ,20 Annexation $ Bd.of Adjustment $ Cond. Use Permit $ r- Final plat $ 6 Planned Unit Dev. $ Preliminary Pl.a Special U t - $ Rezoning Site Plans I CA ' e r jot Right of way�' abandonment $ Street name change $ Street name signs Number+at�ea. $=15 Total s,,, 40.06 File • . '♦ 1 - - a �TVIWWEFA LIP ►r.N i k Z �24-0 1) -