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HomeMy WebLinkAboutS-1380 Application20002358 '� U� 81/09/2004 04 03:02:13 PM Filed & Recorded in Official Records of tiG n(� CAROLYN STALEY :�►r"t PULASKI COUNTY n` • �� ► CIRCUIT/COUNTY CLERK r'"• n = Fees $29.00*► Os BILL OF ASSURANCE (Lot 1, AEGON Addition) This Bill of Assurance is executed by Life Investors Insurance Com any of America ("Grantor"), and made effective as of this �— day of , RECITALS: A. Grantor is the owner and developer of the lands more particularly described on Exhibit A attached hereto and made a part hereof, shown on the plat described below as Lot 1, AEGON Addition, an Addition to the City of Little Rock, Pulaski County, Arkansas (the "Property"). B. Grantor desires to plat the Property in accordance with the plat described below and create and dedicate the easements reflected thereon. NOW, THEREFORE, Grantor, for and in consideration of the benefits to accrue to it, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat, showing a survey made by Paul M. White, White Daters & Associates, Little Rock, Arkansas, dated April 2003, and bearing a Certificate of Final Approval executed by the City of Little Rock, and showing the boundaries and dimensions of the property now being platted (the "Plat"). Grantor does hereby lay off and plat the Property in accordance with the Plat. The lands embraced in the Plat shall be forever known as "Lot 1, AEGON Addition, an Addition to the City of Little Rock, Arkansas" and any and every deed of conveyance of the Property by the number shown on said Plat shall always be deemed a sufficient description thereof. 1. Utility Easement. The Plat reflects an easement for utilities on the south boundary of the Property. Grantor hereby donates and dedicates the utility easement to and for the non-exclusive use of the public sewer utility, with the right hereby granted to such utility to use and occupy such easement, and to have reasonable ingress thereto and egress therefrom for the installation, operation, maintenance, repair and replacement of underground utility services and all improvements, including required surface improvements, necessary for such services. Any utility exercising rights under this paragraph shall have and does hereby accept the obligation to backfill and compact all trenches, holes and excavations of the Property to the level of the grade of such Property surrounding the excavation area and to repair all damaged surface improvements, including fences, pavement and landscaping to the condition immediately prior to commencing such work in the easement. The filing of this Bill of Assurance and Plat for record in the office of the Circuit Clerk and Recorder of Pulaski County shall be a valid and complete delivery and dedication of the aforementioned easements subject to the limitations hereof. 10-50375.2/1 2. Drainage Easement. The Plat reflects a drainage easement on the Property. Grantor hereby donates and dedicates the drainage easement to and for the non-exclusive use of the City of Little Rock, Arkansas (the "City") for the purpose of storm water drainage, with the right hereby granted to the City to use and occupy such easement, and to have reasonable ingress thereto and egress therefrom for the installation, operation, maintenance, repair and replacement of drainage improvements thereon. By exercising its rights under this paragraph, the City shall have and does hereby accept the obligation to backfill and compact all trenches, holes and excavations of the Property to the level of the grade of such Property surrounding the excavation area and to repair all damaged surface improvements, including fences, pavement and landscaping to the condition immediately prior to commencing such work in the easement. The filing of this Bill of Assurance and Plat for record in the office of the Circuit Clerk and Recorder of Pulaski County shall be a valid and complete delivery and dedication of the aforementioned easements subject to the limitations hereof. 3. Setback Requirement. The Plat reflects a 25 foot setback requirement along the Property's boundary with Centerview Drive. All construction on the Property shall comply with applicable ordinances, rules and regulations with respect to such setback. 4. Severability. Invalidation of any covenant, condition, requirement or restriction set forth herein or any part thereof by any order, judgment or decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions or any part thereof as set forth herein, but they shall remain in full force and effect. 5. Construction of Instrument. This Bill of Assurance shall not be construed more strictly against a party merely by virtue of the fact that it may have been prepared by counsel for a party. The headings of various Sections in this Bill of Assurance and all exhibits and attachments hereto are for convenience only, and are not to be utilized in construing the content or meaning of the substantive provisions hereof. All references to instruments, documents, contracts and agreements are references to such instruments, documents, contracts and agreements as the same may be amended, supplemented and otherwise modified from time to tune, unless otherwise specified. The words "hereof', "herein" and "hereunder" and words of similar import when used in this Bill of Assurance and its exhibits shall, unless otherwise specifically stated, refer to this instrument as a whole and not to any particular provision of this Bill of Assurance. [SIGNATURES FOLLOW ON IMMEDIATELY SUCCEEDING PAGE] 10-50375.2/2 Bill of Assurance (Lot 1, AEGON Addition) Signature Page of Grantor EXECUTED as of the day and year first above stated. GRANTOR: Life Investors Insurance Company of America By: Title: rdOWS L NORDSTROM via PFEECEN7 ►W 8 ./ 91 W 1 u 1_ 9M STATE OF ) ss. COUNTY OF On N01W b�+ 30 , 2003, before me, a duly qualified and acting Notary Public, personally appeared 00iwJ �. 1jadSAtdL , who acknowledged him/herself to be the OU1 RLid&� f- of Life Investors Insurance Company of America, and that he/she, being authorized so to do, executed the foregoing instrument for the purposes and consideration therein contained, by signing the name of the corporation by him/herself as such officer. In witness whereof, I hereunto set my hand and official seal. 0 Public p,�Af, d, JDAN M. GRAY My Commission Expires: �2 �� s �r coMMISSION NO.136574 Mr COMMISSION EXPIRES iowh 2 " 10-50375.2/3 2004002358 Bill of Assurance (Lot 1, AEGON Addition) Signature Page of City of Little Rock Department of Planning and Development APPROVED BY: Little Rock Planning Commission City of Little Rock, Arkansas By: NatQj � Title: Q t�f� regt�r.. cy iz^ G _� cf k =:Jv Sill ci L'it0e Rock subdivirian raid Zo . 3j vo� j C —,_3 I CiFyW U1110 Bock Planning Commission 10-50375.2/4 Civil En ineeHn Division 701 West Markham UtHe mock. Arkansas 72201-1300 371-4811 Fax 371-4461D w' P CIVIL ENGINEERING RESPONSE THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF TrI T C PLATS AN HAVE BEEN S f U IED. APPRO � FOR f FILING OF TIES Pr r BE ISSUED ° I 0,4 SIGNED BY ENGINEER LC SIGNED BY SURVEYOR SIGNED BY 911 ADDRESS COORDINATOR DXF. DISKETTE PLAT Nc L DXF DISKETTE STORM DRAIN A REMARKS arty of Lrt[le rcocx Planning and Development Filing Fees Date: LOLI , 20 0�5 Annexation $ Board of Adjustment $ Cond. Use Permit/T.U.P. $ Final Plat $U Planned Unit Dev. $ Preliminary Plat $ Special Use Permit Rezoning Site Plans $ Street Name Ch ep Street Name Signs Number at ea. Public Hearing Signs Number at ea. $ Total $ . L File No. S, / � 8 0 Location 1 Applicant1�4�.� By w __