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Home My WebLink AboutS-1240-C-1 Application69q 1� y 2002174857` 89/09/2092 11:27:46 AN Filed & Recorded in Official Records of CAROLYN 5TALEY PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $35.88 BILL OF ASSURANCE 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 23, 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 G , Page 1�1�, 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 23, 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 nearer than the building setbacks noted on the Plat. Other setback provisions shall be as required by the current zor��g�`l1«+.. r� r~ , ri i THIS INSTRUMENT PREPARED BY HILBURN, CALHOON, HARPER, PRUNISKI & CALHOUN, LTD. r ATTORNEYS AT LAW � �% _k.•�n ; ' �'=•�' '. I1 FIRSTAR BANK: BUILDING ONE RIVERFRONT PLACE, EIGHTH FLOOR NORTH LITTLE ROCK, ARKANSAS 72114 i fj,_ •- • •r+'T r'• -o 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;" provided specifically, (i) in no event shall a metal building be erected, constructed or placed on the property, or approved by the ACC, unless same shall have a brick, stucco or other approved masonry facade, and (ii) no dumpster or other trash refuse facility/repository shall be erected, constructed or placed on the property unless the location of same shall first have been approved by the ACC and, in any event, any such dumpster or other trash refuse facility/repository shall be enclosed. 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 Ion; 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 BILL OF ASSURANCE Page 3 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 (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 develop went 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 RUNNING 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. AMENDMENT s. 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 BILL OF ASSURANCE Page 4 restriction, and either to prevent him or them from so doing or to recover damages or other compensation for such violation. 8. SEVER"ILITY. 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. 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 joint venture By: Robert A. Vogel, Joint Venturer By: Gary La oint V turer APPROVED: CITY OF LITTLE ROCK PLANNING COMMISSION By: &� �--'-� Date: 11 � J b 2- Reviewed only for inrAusion of minimum standar 5 rWiredby the city of Little Rode subdivls:.n reguiatiorr,. Bill of Assuranco provisions esLbliO d by CX- developer may execed minimu:M rcrt:la *r.; cl th-0 Chile Rock subdivision and zoning ordinar== — Doc# 2002174857 BILL OF ASSURANCE Page 5 ACKNOWLEDGMENT STATE OF ARKANSAS ) PECR9 ) ss. COUNTY OF ) 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. V OGEL and GARY LAY, to me personally well known, who acknowledged themselves to be the Joint Venturers of COLONEL GLENN DEVELOPMENT COMPANY, an Arkansas joint venture, and further stat,:d 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. 2002. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 94" day of _&�A-i bec , �• �JW�� ` ��N��r��rr�rrrr•r • f NOT & Y PUBLIC ��... . 'D . My Commission Expires: �' �' o� o-' •�t��T'�'Q�'r U * Comm. moires ,� = 07-01-2012 - - Doc# 2002174857 BILL OF ASSURANCE Page 6 EXHIBIT "A" LEGAL DESCRIPTION Part of Section 21, T-1-N, R-13-W, Pulaski County, Arkansas, more particularly described as: Beginning at the Southeast corner of Lot 22, I430-Colonel Glenn Commercial, Plat Book F, Page 903, records of Pulaski County, Arkansas, said corner lying on the West right-of-way line of Interstate Route # 430; thence S21°05'50"E along said West right-of-way line, 317.15 ft.; thence S67041'36"W, 448.79 ft. to a point on the East right-of-way line of Colonel Glenn Plaza Drive; thence N22°18'24"W along said East right-of-way line, 317.08 ft. to the Southwest corner of said Lot 22, I430- Colonel Glenn Commercial; thence N67°41' 36"E along the South line of said Lot 22, 455.48 ft. to the point of beginning, containing 143,363 square feet or 3.2912 acres, more or less. ■ City of We hock _ _ � Civil Enqineerin2 Division fr Department of 701 !Nest Markham Public Works Little Rock, Arkansas 72201-1300 371-4311 Fax 371-4460 ")/o CIVIL ENGINEERING RESPONSE THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN BEISSUED CDL ONfL SIGNED BY ENGINEER /.,; � _1z SIGNED BY SURVEYOR SIGNED BY 911 ADDRESS COORDINATOR DXF. DISKETTE PLAT N e c w DXF DISKETTE STORM DRAIN Ate 4 D REMARKS City of Little Rock Planning and Development Filing Fees Date: ` Q L`A , 20_aL, Annexation Board of Adjustment Cond. Use Permit/T.U.P Final Plat Planned Unit Dev. Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number at $ L Public Hearing Signs Number at ea. $ Total File No. Location Applicant LL� CL By -