HomeMy WebLinkAboutS-1766-D ApplicationC?R4�/rlri
This instrument prepared by:
_ rar ; r,�;..;;•r� r __
Joseph G. Nichols
FRIDAY, ELDREDGE & CLAm LLP
� •� �? ''
400 West Capitol Avenue, Suite 2000
s±
Little Rock, Arkansas 72201
S O
+r! i r un i rti<«
2018065346
11�SIfl���RII���� jl j RECORDED: 10-18-2o18 o2:13:11 PM
PRESENTED: 10.18-201802:03748 PM CIfCUit/county Clerk
In Official Records of Larry
Crane p1jLASKI CO, AR FEE $55.00
FIRST AMENDMENT AND SUPPLEMENT TO BILL OF ASSURANCE
AND RESTRICTIVE COVENANTS
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, DAVID JAY WHITE and AMY REES WHITE, married persons (collectively
referred to herein as "White"), and LINDY E. SMITH, an unmarried person ("Smith" and
collectively with "White" referred to herein as the "Original Owners"), are the sole owners of
that certain real property located in Pulaski County, Arkansas, described on Exhibit "A"
attached hereto and incorporated herein by this reference (the "Original Platted Property");
WHEREAS, the Original Platted Property has been previously platted into three (3) lots,
designated as "Lot 1, Lot 2 and Lot 3, Heritage Place, an Addition to the City of Little Rock,
Arkansas", as set forth on that certain plat dated February 16, 2017, and recorded in the Office of
the Circuit Clerk and Ex Officio Recorder of Pulaski County, Arkansas, as Instrument No.
2017011188 (the "Plat"), and is subject to that certain Bill of Assurance dated February 13,
2017, and recorded as Instrument No. 2017011187 in the Records of the Circuit Clerk and Ex
Officio Recorder of Pulaski County, Arkansas ("Bill of Assurance");
WHEREAS, the Original Owners along with the owners of the additional property
included within the Property (the "Owners") (as defined below) have caused a replat of the
Property to be prepared by Timothy E. Daters, Professional Surveyor, dated September ,
2018 for the purpose of adding additional real property into the Heritage Place Addition with
such real property further described on Exhibit "B" attached hereto and incorporated herein by
reference (the "Property");
WHEREAS, the replat shows the boundaries and dimensions of the Property now being
re -platted into four (4) lots and a separate tract to be forever known as Lot 1R, Lot 2R, Lot 3R,
and Lot 4, Heritage Place, an Addition to the City of Little Rock, Pulaski County, Arkansas (the
"Amended Plat"), a copy of which is attached hereto as Exhibit "C" and made a part hereof;
3 5160.0001 /6252469.5
WHEREAS, the Owners desire to ratify and confirm that Lot 1R, Lot 2R, Lot 3R, and
Lot 4, are subject to the Bill of Assurance and the Declaration (as defined below) except as
expressly amended, modified, extended, changed, or canceled by this First Amendment and/or
any subsequent amendment or modification adopted in accordance with terms of the Bill of
Assurance or Declaration, as the case may be;
NOW, THEREFORE, for and in consideration of the benefits to accrue to the Owners
and their respective successors and assigns, which benefit each Owner acknowledges to be of
value, the Owners desire to amend the following provisions of the Bill of Assurance as it applies
to the Property:
1. Amendments to Bill of Assurance. The Bill of Assurance is hereby amended to
add the following provisions:
(a) Additional Property. The real property including within the Bill of
Assurance is hereby amended and restated to include all of the Property as further described in
the Amended Plat.
(b) Right of Way Dedication. There is shown on the Amended Plat that
certain right of way dedication affecting Lot 4 of the Property with which the Owners hereby
ratify and confirm and dedicate to and for the use of the public right of way.
(c) Building Setback Lines. There are shown on the Amended Plat twenty
five (25) foot minimum setback lines on the Lots as more particularly depicted in the Amended
Plat and hereby ratified and approved by the Owners. 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 Ordinances of the City
of Little Rock, Arkansas.
(d) Access Easements. There is shown on the Amended Plat a 30 foot wide
access easement extending from Highway 300 across Lot 4 and Lot 1 R to provide for ingress and
egress from Highway 300 across Lot 1R and Lot 4 ("Easement C"). It is hereby agreed that the
access drive to be located within Easement "C" is to be used for the mutual benefit of the owners
of Lot 4, Lot I and the owner of the property located immediately to the East of Lot 1R. There
is also shown on the Amended Plat a 30 foot wide access easement extending from Highway 300
across Lot 2R and Lot 3R to provide for ingress and egress from Highway 300 to the property
located immediately to the North of Lot 2R and Lot 3R ("Easement D"). It is hereby agreed that
the access drive to be located within Easement "D" is to be used for the mutual benefit of the
owners of Lot 2R, Lot 3R and the owner of the property located immediately to the North of Lot
2R and Lot 3R.
2. Restrictive Covenants. Immediately following the recording the Amendment to
the Bill of Assurance and the Amended Plat the Owners shall execute and record that certain
Declaration of Covenants, Conditions and Restrictions (the "Declaration"). Thereafter the
Property shall be subject to those restrictions on the use of the Property as set forth in the
Declaration.
3 5160.0001 /6252469.5
3. Effect of Amendment. Except as expressly modified by this First Amendment,
the Owners hereby ratify and confirm the terms and conditions of the Bill of Assurance and the
Declaration as they apply to the Property and hereby incorporate the same by reference as if set
forth word for word herein. To the extent that any of the provisions of this First Amendment
conflict with or contradict the terms of the Bill of Assurance, the terms and conditions of this
First Amendment shall be deemed to control the subject matter. Capitalized terms not otherwise
defined in this First Amendment shall have the definition and meaning ascribed thereto under the
Bill of Assurance or Declaration, as the case may be.
IN WITNESS WHEREOF, the Owners have executed this First Amendment to the Bill
of Assurance to be effective as of the day and year first written above.
Rwb%TLd* to inon cf :t; r;mura .gin
rapfred by the 01by OF Litxa P=k CLbe""' 2. 3
Bill cf r _SUMIM r1rovislons cz't�= : E
dCV0T'0Pg rn"' 'Y axcca i Mi ,Ii� i UM rY i`."s'.I3r
"e nJck subdivision and zoning crdinanC S
-�' 1
pinto Rwk PEannirrn rarrsrssssia�
35160.0001 /6252469.5
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this /day of September, 2018, 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 Jay White and Amy Rees 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
day of September, 2018.
Notary Public
My Commissions Expires:
1AI4MARA M, GUFFEy
Arkansas - 5a[irre County
Notary Publ1c . Coma# T23ggg83
MY Cow moo Expires Feb 3. 2024
35160.0001/6252469.5
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this (day of September, 2018, 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 E. 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 7
day of September, 2018.
Notary Public
My Commissions Expires:
VZOZ '£ qaj saj!dxa uo!ss!WWQs AIN
£86san #wwo3 ' a!14 ILse1oN
&unao au!12g - sesuO11V
Mdjno 'W VliVWVI
35160.000116252469.5
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this ' i s -day of September, 2018, 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 Bryan Fuller and Heather Fuller, 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 as-Y
day of September, 2018.
4"-�;-w�gv�
Notary Public
My Commissions Expires:
TAMARA M. GUFFEY
Arkansas $8I RE County
69133
Notary Public • Comm# Feb2024
My Commission Fxplres
3 5160.0001 /6252469.5
EXHIBIT "A"
Legal Description of Original Platted Property
PROPERTY DESCRIPTION: (PER SURVEY)
PART OF THE NEIA SE1/4 OF SECTION 9 AND PART OF THE NW1/4 SW1/4 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 NWl/4 SW1/4, SECTION 10; THENCE N87°40'47"W ALONG THE
SOUTH LINE OF SAID NE1/4 SE1/4, 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 N23011'31"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 S87°43'15"E, 533.21 FT.; THENCE
S08°24'03"W, 396.53 FT. TO A POINT ON THE SOUTH LINE OF SAID NW1/4 SW1/4,
SECTION 10; THENCE N87°40'47"W ALONG SAID SOUTH LINE, 841.86 FT. TO THE
POINT OF BEGINNING, CONTAINING 9.3887 ACRES MORE OR LESS.
3 5l 60.0001 /6252469.5
EXHIBIT "B"
Legal Description of Property
PART OF THE NEIA SETA OF SECTION 9 AND PART OF THE NWl/4 SW1/4 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 SW1/4, SECTION 10; THENCE N87°40'47"W ALONG THE
SOUTH LINE OF SAID NE1/4 SE1/4, SECTION 9, A DISTANCE OF 75.74 FEET 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 COURSES: (1) NORTHERLY ALONG THE ARC OF A 931.47 FOOT
RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N19°44'18"E,
412.62 FEET; (2) N01°09'33"E, 103.88 FEET; (3) N01°49'46"E, 99.86 FEET; (4)
N87°41'34"W, 10.00 FEET; (5) N04°38'30"E, 99.70 FEET; (6) N01 °53'48"E, 54.12 FEET; (7)
N01 °50'54"E, 146.09 FEET; (8) N01 °06'12"W, 100.12 FEET; THENCE S86°06'21 "E, A
DISTANCE OF 358.00 FEET; THENCE S03°48'59"W, A DISTANCE OF 389.98 FEET;
THENCE N87041'34"W, A DISTANCE OF 31.09 FEET TO THE NORTHEAST CORNER OF
LOT 1, HERITAGE PLACE ADDITION TO PULASKI COUNTY, ARKANSAS; THENCE
S01°32'03"W, ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 145.59 FEET;
THENCE N65052'51"E, A DISTANCE OF 69.43 FEET; THENCE S86°25'34"E, A DISTANCE
OF 71.45 FEET; THENCE S46°28'29"E, A DISTANCE OF 128.16 FEET TO A POINT ON
THE NORTH LINE OF LOT 3, SAID HERITAGE PLACE ADDITION; THENCE
NO2°16'45"E, A DISTANCE OF 55.85 FEET; THENCE S87°43'15"E, A DISTANCE OF
310.27 FEET; THENCE S08°24'03"W, A DISTANCE OF 455.47 FEET TO A POINT ON THE
SOUTH LINE OF SAID NWI/4 SW1/4, SECTION 10; THENCE N87040'47"W ALONG SAID
SOUTH LINE, A DISTANCE OF 841.87 FEET TO THE POINT OF BEGINNING,
CONTAINING 13.110 ACRES MORE OR LESS.
3 5160.0001 /6252469.5
EXHIBIT "C"
Replat of Property
3 516 0.0001 /6252469.5
,,`1Nlstururrrq�r£rf
t CIRCU
This InsEnunent Prepared By: �' ❑ �
Joseph G. Nichols, P.A. = -� 4 e �0
Friday, Eldredge & Clark LLP
400 W. Capitol Ave., Ste. 2000 '1y
Little Rock, AR 72201
DECLARATION S.
11111111119111111111111 f1111111111 2018065347
PRESENTED: 10-18-2018 02:03:46 PM RECORDED 10-18-2018 02:13:12 PM
In Official Records of Larry Crane Circuit/County Clerk
PULASKI CO, AR FEE $60.00
AND
This Decl Lion of Covenants, Conditions and Restrictions ("Declaration") is made
effective the f�day of September, 2018 (the "Effective Date"), by and among LINDY E.
SMITH, an unmarried person ("Smith"); BRYAN FULLER and HEATHER FULLER,
husband and wife (collectively, "Fuller"), and DAVID JAY WHITE and AMY BEES WHITE,
husband and wife (collectively, "White"). Smith, Fuller and White are hereafter referred to
singularly as an "Owner" and collectively as the "Owners".
WHEREAS, Smith is the fee simple owner of those tracts of real property lying in
Pulaski County, Arkansas more particularly described on Exhibit "A" attached hereto ("Tract A")
and Exhibit "B" attached hereto ("Tract B");
WHEREAS, Fuller is the fee simple owner of that tract of real property lying in Pulaski
County, Arkansas more particularly described on Exhibit "C" attached hereto ("Tract C");
WHEREAS, White is the fee simple owner of that tract of real property lying in Pulaski
County, Arkansas more particularly described on Exhibit s`D" attached hereto ("Tract D").
WHEREAS, the Owners have determined it is necessary and advisable that Tract A, Tract
B, Tract C, and Tract D (each a "Tract" and collectively, the "Tracts") should be held, owned, used
and conveyed subject to the protective covenants, equitable servitudes, conditions and restrictions
contained herein, in order to enhance the value of the Tracts and preserve their rural character.
NOW, THEREFORE, for and in consideration of the benefits to accrue to them and their
respective successors and assigns, which benefits the Owners acknowledge to be of good and
sufficient value, the Owners hereby enter into this Declaration. From and after the Effective Date,
the Tracts, and any interest therein, shall be held, owned, used and conveyed subject to and in
conformity with the following covenants, equitable servitudes, conditions and restrictions which
shall run with the land for the period set forth herein, unless otherwise amended or terminated in
accordance with this Declaration:
1. Cell Towers Prohibited. No tower or similar elevated structure which is used primarily
for the transmission, broadcast or repeating of wireless telecommunications signals shall be allowed
on the Tracts.
35160.0001 /6253 853.3
2. Oil and Mineral O eratioas. No oil, gas and/or mineral drilling, development,
operating, refining, quarrying or other operations of any kind shall be permitted upon the surface of
the Tracts, nor shall any oil or gas wells, tanks, tunnels, mineral excavations or shafts be permitted
upon or in the Tracts. No drilling rig, derrick or other structure designed for use in drilling or
boring for oil or natural gas shall be erected, maintained or permitted upon the Tracts.
3. No Further Subdivision. None of the Tracts may be subdivided unless such
subdivision is approved (i) in writing by all of the Owners and (ii) in accordance with all applicable
subdivision and zoning ordinances governing the Tracts. An Owner may grant or withhold its
discretion to a proposed subdivision in such Owner's sole and absolute discretion. This
prohibition on subdivisions shall apply to any subsequent subdivision of a portion of a Tract
following the initial subdivision of the parent Tract.
4. Vehicle Storage. All passenger vehicles (i.e., cars, light trucks and vans) shall be
parked only in the garage or on the driveway located on a Tract. No boats, recreational vehicles,
coaches, commercial vehicles, heavy equipment, 4-wheelers, side -by -sides, utility vehicles,
"project" vehicles, inoperable vehicles, trailers or vehicle parts may be kept or stored on the Tracts
except within an enclosed garage or building where such vehicles, trailers and parts are not visible
from Highway 300 or Pinnacle Road, or from any other Owner's Tract.
5. Right to Enforce. The covenants, equitable servitudes, conditions and restrictions set
forth herein set forth shall run with the land and shall bind and inure to the benefit of the present
Owners of the Tracts, and their respective successors and assigns. All parties claiming by, through
or under the present Owners shall be taken to covenant with the Owners of the Tracts hereby
restricted, and their respective successors and assigns, to conform to and observe these restrictions.
Any Owner of a Tract shall have the right to sue for and obtain an injunction, prohibitive or
mandatory, to prevent the breach of or to enforce the observance of the covenants, restrictions and
equitable servitudes set forth herein, in addition to any other legal action for damages and failure by
any Owner to comply with this Bill of Assurance. Any delay in bringing such action shall, in no
event, be deemed to be a waiver of the right to do so thereafter.
6. Modifications. This Declaration constitutes the entire agreement with respect to the
subject matter of this Declaration and the same may not be amended or modified orally. This
Declaration may be amended, modified, amended and restated, extended, changed or cancelled, in
whole or in part, at any time (notwithstanding the last sentence of this paragraph) by a written
instrument signed and acknowledged by all of the then record Owners of the Tracts. Each
covenant in this instrument, unless expressly provided otherwise, shall remain in full force and
effect until January 1, 2050 after which time each covenant in this instrument shall be automatically
extended for successive periods of ten (10) years unless an instrument terminating the covenants
signed by all of the then record Owners of all the Tracts has been duly executed and recorded in the
real estate records of Pulaski County, Arkansas. Lienholders shall not be considered Owners under
this Declaration.
2
3 5160.0001 /6253 8 53.3
7. Attorneys' Fees. In any legal or equitable proceeding for the enforcement or to restrain
the violation of this Declaration or any provisions thereof, by reference or otherwise, the prevailing
party or parties shall be entitled to court costs and attorneys' fees in such amount the court finds
reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not
exclusive.
8. Miscellaneous. The invalidation of any 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.
This Declaration shall be construed in accordance with the laws of the State of Arkansas. All
pronouns and any variation thereof shall be deemed to refer to the masculine, feminine, neuter,
singular or plural, as the identity of a party or its successors and assigns may require. The headings
herein are inserted only as a matter of convenience and for reference and in no way define, limit or
describe the scope or intent of this document nor in any way affect the terms and provisions hereof.
This Declaration may be executed in multiple counterparts, and on separate signature pages, all of
which together shall constitute one and the same Declaration.
[Signature Pages Follow]
35160.0001 /6253853.3
IN WTTNESS WHEREOF, the Owners have executed and delivered this Declaration as of
the Effective Date set forth above.
SMITH:
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss.
COUNTY OF PULASKI )
On this / 1 • day of September, 2018, before me, a Notary Public, appeared the within named
Lindy E. 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 Crt�
day of September, 2018.
E
A M. GUFFEY - Saline County -Comm# 12396983
n Expires Feb 3, 2024
4
35160.0001/6253853.3
(Notary Public)
FULLER:
i ■ i -�i ■
■ ■
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)Ss.
COUNTY OF PULASKI )
On this -VJ If day of September, 2018, before me, a Notary Public, appeared the within named
Bryan Fuller and Heather Fuller, husband and wife, 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 -11 sf
day of September, 2018.
(Notary Public)
TAMARA M. GUFFEY
Arkansas - Saline County
Notary Public - Comm# 12396983
My Commission Expires Feb 3, 2024
5
3 5160.0001 /6253853.3
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss.
COUNTY OF PULASKI )
On this -�-� day of September, 2018, before me, a Notary Public, appeared the within named
David Jay White and Amy Rees White, husband and wife, to me personally well known (or
satisfactorily proven to be such persons), 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 17'1�
day of September, 2018.
TAMARA M. G7County
Arkansas - SalinNotary Public - CommMy Commission Expir
6
35160.0001/6253853.3
(Notary Public)
Exhibit "A"
Legal Description of Tract A
Lot 1R as shown on the Plat of Lots 1R thru 4, Heritage Place, an Addition to Pulaski County,
Arkansas as shown on the plat thereof recorded as Instrument No. 2018064663 , records of
Pulaski County, Arkansas.
7
35160.0001/6253853.3
Exhibit "B"
Legal Description of Tract B
Lot 3R as shown on the Plat of Lots 1R thru 4, Heritage Place, an Addition to Pulaski County,
Arkansas as shown on the plat thereof recorded as Instrument No. 2018a64663 , records of
Pulaski County, Arkansas. --
3 5160.00 01 /6253 853.3
Exhibit "C"
Legal Description of Tract C
Lot 4 as shown on the Plat of Lots 1R thru 4, Heritage Place, an Addition to Pulaski County,
Arkansas as shown on the plat thereof recorded as Instrument No. 2018064663 , records of
Pulaski County, Arkansas.
9
35160.0001/6253853.3
Exhibit "D"
Legal Description of Tract D
Lot 2R as shown on the Plat of Lots 1 R thru 4, Heritage Place, an Addition to Pulaski County,
Arkansas as shown on the plat thereof recorded as Instrument No. 2018064663 records of
Pulaski County, Arkansas.
10
3 5160.0001 /6253 853.3