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Home My WebLink AboutS-1458 ApplicationThis Instrument Prepared by: Gill Elrod Ragon Owen & Sherman, P.A. 425 West Capitol Ave., Suite 3801 Little Rock, Arkansas 72201 2004072229 08/30/2004 12:04:05 PM Filed 6 Recorded in Official Records of CAROLYN STALEY PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $38.00 MINHMyr, _' l rye BILLOFASSURANCE� e uj.,� KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS ^ys� � t, The undersigned are the sole owners of the following described lands in the County of Pulaski, State of Arkansas, to -wit: Part of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4, Section 6, Township 1 North, Range 12 West, Little Rock, Pulaski County, Arkansas, being more particularly described as follows: Commencing at a found 1/2 inch rebar at the Southeast corner of said NE 1/4, SW 1/4, SW 1/4; thence North 01°20'35" East 29.27 feet to a found 1/2 inch rebar on the North right-of-way line of West 10`h Street; thence along the North right-of-way line of West 10th Street, North 87°59'01" West 45.56 feet to a set 1/2 inch rebar and cap on the proposed West right-of-way line of South Filmore Street and the POINT OF BEGINNING; thence continuing along the North :igh._ofw .j.ine oyf West loth Street, North 87°59'01" West 323.88 feet to a found chiseled hole in the headwall over Coleman Creek; thence North 00°25'15" East 546.76 feet to a found 1/2 inch rebar on the Southerly right-of-way line of Interstate Highway No. 630; thence along said right-of-way line North 85°19'57" East 163.18 feet to a set 1/2 inch rebar and cap; thence continuing along said right-of-way line South 88°13'18" East 182.25 feet to a set 1/2 inch rebar and cap on the proposed West right-of-way line of South Filmore Street; thence along said proposed right-of-way line South 00°27'57" West 545.96 feet; thence continuing along said proposed right-of-way line on a curve to the right having a radius of 20.00 feet, an arc distance of 31.96 feet and a chord bearing and distance of South 46°14'28" West 28.66 feet to the POINT OF BEGINNING, containing 4.439 acres, more or less. AND, WHEREAS, it is desirable that all of the above -described property be subdivided into lots, blocks, tracts, and streets; NOW, THEREFORE, WITNESSETH: THAT the undersigned, hereinafter collectively termed "Grantor," has caused said tract of land to be surveyed by Gregory T. Sullivan, a Registered Professional Engineer or Registered Land Surveyor, and a plat thereof made, which is identified by the title "Final Plat of Lots 1 & 2 Fair Park Storage Subdivision, Little Rock, Arkansas," and the date June 23, 2004, and by the signature of the Circuit Clerk and Ex-officio Recorder of Pulaski County, Arkansas, in Plat Book , page , and the Grantor does hereby make this Bill of Assurance. AND, the Grantor does hereby certify that it has laid off, platted, and subdivided and does hereby layoff, plat, and subdivide real estate in accordance with said plat. The lands embraced in said plat shall be forever known as "Fair Park Storage Subdivision." The Grantor hereby dedicates to the public, forever, an easement -of -way on and over the streets as shown by said plat to be used as public streets and on and over the drainage right-of-way shown by said plat to be used as a public drainage right-of-way. There are strips of ground shown and dimensioned on said plat marked "Utility Easement" and "Drainage Easement" reserved for the use of public utilities and for drainage purposes, respectively, subject at all times to the proper authorities and to delivery and dedication of the streets and easements shown on the said plat. Hereafter, conveyance and description of any said lands by lot number as shown on said plat shall be a proper and sufficient description thereof. The lots in said subdivision shall be sold by the Grantor and shall be purchased by the buyers thereof, subject to the following covenants, to -wit: 1. All buildings constructed on said lots shall be constructed no nearer to 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. 2. [INTENTIONALLY OMITTED]. 3. No buildings, incinerators, or any other permanent structure or improvement of any kind, whether herein specifically enumerated or not, except for fences or paved driveways, shall be built or maintained within the area of any of the easements shown on the 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 construction and maintaining its facilities located within the area of said easement. 4. No fence, wall, hedge, or shrub planting or other obstacle that obstructs sight lines at elevations of more than 30 inches above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street lines and a line connecting them at points 50 feet from the intersection of the street lines or, in the case of a rounded property corner, within the triangle formed by tangents to the 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 distances of such intersection 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 driveway aprons 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 be automatically extended for successive 2 CAPro?ram Files\lntemet Exploreffemporary intemet Fi1es\0LK6E2\Bi11 of Assurance v4 doc periods of 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. 7. These covenants and restrictions shall not be amended, canceled, or supplemented unless an instrument signed by at least 80% of the owners of the aforesaid lots is placed on record, agreeing to change the covenants and restrictions in whole or in part. 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 or lots in said addition 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 dues for such violation. 9. The invalidation of any one of these covenants or restrictions by judgment or court order of any court having jurisdiction shall in no wise affect any of the other provisions, which shall remain in full force and effect. The considerations set forth in items 1 through 9 are hereby approved by the City of Little Rock Planning Commission. Date:0,144 c�U , WITNESS, our hands this day of . , 2004. F-.€Diane Woods our,;;, Of Pulaski Arkansas fir;• C ;;rc?j,.. . • r•xP =7=14 Sidney M. Thom, L.P. 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 Litite Rock subdivision and zoning ordinances. 4r� � �30 lob i f Little Rock Planning Commission By: / c Title: �GU► :(OA Declaration of Trust by Philip H. Thom dated October 29, 1985 Phil ip H_ Thom Trustee Rbnald H. Thom AA @ F to , t Oted Partnership LOW CAProgram Files\lntemet Explorer\Temporary Intemet Fi1es\0LK6E2\Bil1 of Assurance v4.doc ACKNOWLEDGMENT (Individual) STATE OF )ss. COUNTY OF On this day, before me, a Notary Public, duly commissioned, qualified and acting in and for the said County and State, personally appearedlz. , to me personally well known, who acknowledged that he is the grantor in the foregoing conveyance, and that he had executed the foregoing instrument for the consideration, uses and purposes therein set forth. WITNESS my hand and official seal on this ,2�� day of , 2004. My Commission Expires: My Comte Bqku 6 CAProgram HeOntemet Explorer\Temporary intemet Files\0ME2\Bill of Assurance v4_doc ACKNOWLEDGMENT (Entity) STATE OF )ss. COUNTY OF, On this day, before me,, a Notary ublic, duly commissioned, qualified and acting in and for the said County and State, personally appeared / d}-y J , to me personally well known, who acknowledged that he is the of �GL ��a� ' grantor in the foregoing conveyance, and that e, as such officer, bei g authorized so to do, had executed the foregoing instrument for the consideration, uses and purposes therein set forth. WITNESS my hand and official seal on this 1,6 day of 2004. My Commission Expires: ')a /j- M1 Lamm. E*N 5-22-2012 h';0; 1�3 Public 4 C:\Program FilesUntemet Explorer\Temporary Internet Files\0ME2\Bill of Assurance v4.doc ACKNOWLEDGMENT (Entity) STATE OF UJg tj ) )SS. COUNTY OF ) On this day, before me, a Notary Public, duly commissioned, qualified and acting in and for the said County and State, personally appeared ��, 'I;�� -r� cw1 , to me personally well known, who acknowledged that he is the Seller of P�,.I;r,� �,�,� �►-u _ ^, grantor in the foregoing conveyance, and that he, as such officer, being authorized so to do, had executed the foregoing instrument for the consideration, uses and purposes therein set forth. WITNESS my hand and official seal on this 14'�- day of % �y�sl- _ , 2004. My Commission Expires: -7,1-t-a Notary P is �vr rKi� SALE., STON lic h my coof July 4, 2007 9491 LJT 84094 ACKNOWLEDGMENT (Entity) STATE OF S )ss. COUNTY OF ) On this day, before me, a Nota Public, duly commissioned, qualified and acting in and for the said County and State, personally appeared , to me personally well known, who acknowledged that he is the of q o e grantor in the foregoing conveyance, and that he, as such officer, being au aorized so to do, had executed the foregoing instrument for the consideration, uses and purposes therein set forth. WITNESS my hand and official seal on this Qday of , 2004. My Commission Expires: az1 �t =NDhtnedsiansasyr�ala ~ 14n city of Utfie • . ck Public Works �r f 701 West Markham Little Rock Arkansas 72201-1300 371-4811 Fax 371-4460 Lcim'4 N Fiv, • ) F RING RESPONSE cim FC- THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE ISSUED BE S FAr� A�PPROVASGFO RFILINOF TMS PLAT CAN BE v.rz-KTcn av FN[�TNRRR ii (� d SIGNED BY SURVEYOR SIGNED BY 911 ADDRESS COORDINATOR DXF. DISKETTE PLAT DXF. DISKETTE STORM DRAIN /I REMARKS CIPAH iAIo, 0 AC ____ � �Kc P � �! o �exs � D f Al AN p�4 %t4 Fl000f wAy Division 1qS City of Little Rock Planning and Development Filing Fees Date:l� 20 bc� 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 -ea. Public Hearin_ g Signs Number at ea. Total File Loe Apl By