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Home My WebLink AboutS-1765-A ApplicationIIIII�I�iWl l��lll�lllll1111111111 2017011187 PRESENTED: 02-21-2017 08 25:25 AM RECORDED: 02-21-2017 09:04 20 AM In Official Records of Larry Crane Circuit/County Clerk PULASKI CO, AR FEE $50.00 This instrument prepared by Joseph G. Nichols FRIDAY, ELDREDGE & CLAm, LLP 4�t��,`�G C1,®CV�'rirr 400 West Capitol Avenue, Suite 2000 ��` st Searcy, Arkansas 72201 e'' BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: rr`f�O,UIVTl, A,•``, Nel,0111WOO THAT, DAVID WHITE and AMY WHITE, married persons (collectively referred to herein as "White"), and LINDY SMITH, an unmarried person ("Smith" and collectively with "White" referred to herein as the "Owners"), are the owners of that certain real property located in Pulaski County, Arkansas and being more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); NOW THEREFORE, Owners, for and in consideration of the benefits to accrue to Owners, their respective heirs, successors and assigns, which benefits Owners acknowledge to be of value, have caused to be made a plat, showing a survey made by White-Daters & Associates, Inc. dated February , 2017, and bearing a Certificate of Approval executed by the appropriate officials of Pulaski County, Arkansas (the "County"), and showing the boundaries and dimensions of the Property now being platted into three (3) lots to be forever known as "Lot 1, Lot 2 and Lot 3, Heritage Place, an Addition to the City of Little Rock, Arkansas" and certain right of way dedication areas (the "Plat"); WHEREAS, as of the date hereof White is the owner of the portion of the Property to be known as "Lot 2, Heritage Place, an Addition to the City of Little Rock, Arkansas" and Smith is the owner of the portion of the Property to be known as "Lot 1 and Lot 3, Heritage Place, an Addition to the City of Little Rock, Arkansas." WHEREAS, the Property will be developed in a manner consistent with the existing restrictions and the requirements of the City of Little Rock, Arkansas (the "City"), and the County; There are shown on said Plat certain existing easements for utilities which Owners hereby ratify and confirm dedication to and for the use of public utilities, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, water, and sewer with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities to use and occupy such easements, and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. There are shown on the Plat twenty-five (25) foot minimum front setback lines. The rear yard setbacks of the Lots shall be twenty-five (25) foot as well as eight (8) foot minimum setbacks on the sides of the Lots, and hereby ratified and approved by the Owners. There is shown on the Plat a 30 foot wide access easement extending from Highway 300 across Lot 2 to the boundary of Lot 3 to provide for ingress and egress from Highway 300 to the property line of Lot 3 which is 5566587.3 referenced and referred to in the Plat and herein as Easement "A". The legal description of Easement "A" is more particularly described on Exhibit "B" attached hereto and incorporated herein by this reference. It is hereby agreed that the access drive to be located within Easement "A" is to be used for the mutual benefit of the owners of Lot 2 and Lot 3. It is further agreed that all costs of maintenance and repair of that portion of the access drive located on Lot 2 shall be shared equally by the owners of Lot 2 and Lot 3. Any costs of the maintenance of repair of the drive location exclusively on Lot 3 shall be the sole responsibility of the owner of Lot 3. There is shown on the Plat a 30 foot wide access easement extending from Highway 300 across Lot 2 to the boundary of Lot L to provide for ingress and egress from Highway 300 to the property line of Lot 1 which is referenced and referred to in the Plat and herein as Easement "B". The legal description of Easement `B" is more particularly described on Exhibit "C" attached hereto and incorporated herein by this reference. It is hereby agreed that this access drive to be located with Easement "B" is to be used for the mutual benefit of the owners of Lot 1 and Lot 2. It is further agreed that all costs of maintenance and repair of that portion of the access drive located on Lot 2 shall be the sole responsibility of the owner of Lot 1. The types of uses permitted on the Property shall be of a residential nature found in similar developments in Little Rock, Arkansas, consistent with the zoning covering the lot. These covenants and restrictions on Lot 1, Lot 2 and Lot 3 are to run with the land and shall be binding on all parties and all persons claiming from the date these covenants and restrictions are recorded, after which time said covenants and restrictions shall be automatically extended for successive periods of 25 years, unless an instrument signed by the Owners (if still an owner of any portion of the Property) or, if not, the then owners of all of the Property shown on the Plat has been recorded, agreeing to change said covenants and restrictions in whole or in part. These covenants and restrictions shall not be amended, canceled or supplemented unless an instrument signed by the Owners (if still an owner of any portion of the Property) or, if not, the then owners of all of the Property shown on the Plat 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 and/or County, as the case may be. 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 other dues for such violation. 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 filing of this Bill of Assurance and the Plat for record in the office of the Circuit Clerk and Ex- Officio Recorder of Pulaski County, Arkansas shall be a valid and complete delivery and dedication of the streets and easements subject to the limitations herein. [remainder of page intentionally left blank] 5566587.3 EXECUTED this _L3�'day of February, 2017. Lin yJrritu)—) Rvdwmd-unly for lraltudicin of mir-b-il.um Siarj'A-3 mqullra� by flin City or ILMIP, 'Rodt .. , . dk s";tdsMsic"ii and zo-ii.n.-I Jrd!nznl.css CNN Pfannim f,nrr,,r.is%16:7 5566587.3 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this /Pday of February, 2017, before me, a Notary Public, (or before any officer within this State or without the State now qualified under existing law to take acknowledgements), appeared the within named David White and Amy White, to me personally well known (or satisfactorily proven to be such person), who 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 13'1'�day of February, 2017 My Commissions Expires: 6.2-o3--��- v jAMARA M. GUFFEV Arkansas - Saline County HOlaf y P011C . Comm# 1239 69 B3 My Commiss+on Expires Feb 3. 2 024 5566587.3 Notary Public ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this Iltday of February, 2017, before me, a Notary Public, (or before any officer within this State or without the State now qualified under existing law to take acknowledgements), appeared the within named Lindy Smith, to me personally well known (or satisfactorily proven to be such person), who stated and acknowledged that she 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 13`f4,day of February, 2017. lvlo-y;4� n Notary Public My Commissions Expires: 0.2 - 03- -2oZ y TAMARA M. GUFFEY Arkansas - Saline County Notary Public - Comm# 12396983 My commission Expires Feb 3, 2024 5566587.3 EXHIBIT "A" DESCRIPTION OF PROPERTY PROPERTY DESCRIPTION: (PER SURVEY) PART OF THE NEIA SE1/4 OF SECTION 9 AND PART OF THE NW1/4 SWIA OF SECTION 10, ALL IN T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NW1/4 SWIA, SECTION 10; THENCE N87040'47"W ALONG THE SOUTH LINE OF SAID NE1/4 SE1A, SECTION 9, 93.14 FT. TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF ARKANSAS STATE HIGHWAY NO. 300; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE THE FOLLOWING: (1) NORTHERLY ALONG THE ARC OF A 916.47 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N2301 F31"E, 314.27 FT.; (2) N13°02'45"E, 101.82 FT.; (3) N01°09'33"E, 103.74 FT. AND (4) N01°49'46"E, 100.00 FT.; THENCE S87°41'34"E, 313.05 FT.; THENCE S01°32'03"W, 203.58 FT.; THENCE S87043'15"E, 103.07 FT.; THENCE N06°27'14"W, 2.79 FT.; THENCE S87043'15"E, 430.86 FT.; THENCE S08024'03"W, 399.30 FT. TO A POINT ON THE SOUTH LINE OF SAID NW1/4 SWIA, SECTION 10; THENCE N87040'47"W ALONG SAID SOUTH LINE, 841.86 FT, TO THE POINT OF BEGINNING, CONTAINING 9.4159 ACRES MORE OR LESS. TO BE PLATTED AND HEREAFTER KNOW AS: Lot 1, Lot 2 and Lot 3, Heritage Place, an Addition to the City of Little Rock, Arkansas 5566587.3 EXHIBIT "B" DESCRIPTION OF EASEMENT "A" A 30 FT. WIDE ACCESS AND UTILITY EASEMENT LOCATED IN THE NW1/4 SW1/4 OF SECTION 10, T 2-N, R-14-W, PULASKI COUNTY, ARKANSAS, BEING 15.0 FT. LEFT AND 15.0 FT. RIGHT OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID NWI/4 SW1/4; THENCE S87°40'47"E ALONG THE SOUTH LINE OF SAID NWl/4 SW1/4, 514.53 FT.; THENCE N06027'14"W, 32.98 FT. TO THE POINT OF BEGINNING; THENCE S87°35'32"W, 128.74 FT.; THENCE N79046'16"W, 75.62 FT.; THENCE N69°02'55"W, 112.15 FT.; THENCE N60°05'43"W, 41.58 FT.; THENCE N28053'58"W, 69.94 FT.; THENCE NORTHWESTERLY ALONG THE ARC OF A 166.11 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N50°56'24"W, 134.55 FT. TO A POINT ON THE EAST RIGHT -WAY LINE OF ARKANSAS STATE HIGHWAY NO. 300, BEING 50.00 FT. FROM THE CENTERLINE THEREOF AND THE POINT OF TERMINATION. 5566587.3 EXHIBIT "C" DESCRIPTION OF EASEMENT "B" A 30 FT. WIDE ACCESS AND UTILITY EASEMENT LOCATED IN THE NW1/4 SW1/4 OF SECTION 10, T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS, BEING 15.0 FT. LEFT AND 15.0 FT. RIGHT OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID NW1/4 SW1/4; THENCE N87°40'47"W ALONG THE SOUTH LINE OF THE NE1/4 SE1/4, SECTION 9, 75.38 FT. TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF ARKANSAS STATE HIGHWAY NO. 300, BEING 50.00 FT. FROM THE CENTERLINE THEREOF; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE BEING THE ARC OF A 931.47 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N19044'18"E, 412.62 FT.; THENCE S87°43'15"E, 111.30 FT. TO THE POINT OF BEGINNING; THENCE S68°42'58"W, 46.05 FT.; THENCE S57°42'34"W, 71.01 FT.; THENCE S71013'43"W, 19.66 FT. TO A POINT ON THE SAID EAST RIGHT-OF-WAY LINE OF ARKANSAS STATE HIGHWAY NO. 300, BEING 50.00 FT. FROM THE CENTERLINE THEREOF, AND THE POINT OF TERMINATION. 5566587.3 James, Donna From: Tamara Guffey <tguffey@whitedaters.com> Sent: Wednesday, January 25, 2017 9:15 AM To: Jonathan Long; THOMPSON, THEODIS; 'MANION, JOSEPH E jm4138@att.com' Cc: James, Donna; Van McClendon; Joe White Subject: Plat Approval -Lots 1-3, Heritage Place Attachments: Temp00066.PDF Attached is a plat copy of Lots 1, 2 & 3, Heritage Place, Pulaski County. The owner of this property would like to file it in the next few days. Could you please review it and provide approval comments by this Friday, January 27tn. Any questions may be directed to Joe White at (501) 821-1667 or iwhite@!whitedaters.com. Thank you for your quick response. Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 qM 4 uz� Y� n+r H01'p4'31'f � 14DY •C6"E Nye y T03.7w 100.00' .Sl 3,rt,LL.905 5 g h a O u � �3 w Ca ro §2a OC, .ti63 s . v c z �. C" ly (�i �. � F �g� P ■ ➢ a 5E LyJ ZV O bra a �u r Cl) r 203.58' 'V = = -� 1" �C SSSS 41 8 S