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Home My WebLink AboutS-1922 ApplicationCity of Little Rock ,, Q " IQ Planning and Development f7 t., _� y Filing Fees Big JUL 2 PAID Date` 2-- 202—j- CITY OF LITTLE ROCK '}iL�il�lG CODE Annexation Board of Adjustment $ Cond Use Permit/ T UP $ Final Plat $ -7,-1 0 4 Planned Unit Dev $ Preliminary Plat $ Special Use Permit $ Rezoning $ Site Plans $ Street Name Change $ Street Name Signs Number at ea $ Public Hearing Signs Number at ea $ Total $ ®y File No Location ZOIC2 Applicant A3 . By- ..... _._._ do 11111111111111 2021048356 PRESENTED: 07-13-202108:35:13 AM RECORDED: 07-13-2021 08:52:00 AM In Official Records of Terri Hollingsworth Circuit/County Clerk PULASKI CO, AR FEE $30.00 BILL OF ASSURANCE FOR HEAVRIN CELL TOWER PULASKI COUNTY, ARKANSAS ♦�tiL1'a� 3l� �+r 17111��I UNT`(, ,,•�`' This Bill of Assurance for Heavrin Cell Tower ("Bill of Assurance"), is made this day of , 2021, by Jimmy W. Heavrin and Deanna Heavrin, Co - Trustees of the Heavrin Family Trust ("Developer" or "Declarant"). WHEREAS, Developer is the owner of the real property described in Exhibit "A" hereto (the "Property"), and as the owner desires to subdivide the Property into lots, blocks, tracts, and streets as indicated on the plat of the Property for the benefit of the development, which shall be known as Heavrin Cell Tower Subdivision (the "Subdivision"): NOW THEREFORE, Developer, 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 Brian J. Watson, Registered Engineer, dated May 17, 2021, and bearing a Certificate of Approval executed by the Little Rock Planning Commission, and showing the boundaries and dimensions of the Property and the Subdivision, which Plat was filed of record in the Plat Book of Pulaski County, Arkansas as Instrument Number on • 864k-,70.;.10yt3S7 jaS I3 zi The lands herein platted and any interest therein shall be held, owned and conveyed subject to and in conformity with the following covenants and restrictions: ARTICLE I SECTION 1: Existin�ope�. The real property that is, and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in the City of Little Rock, County of Pulaski, State of Arkansas, and is more particularly described on Exhibit "A". The Property may consist of both platted and unplatted properties, and the unplatted portions may be subsequently platted by Developer, as it deems appropriate. SECTION 2. Additions to Existing Pro e (A) Additional lands of the Developer may become subject to these covenants and restrictions in the following manner: The Developer shall have the right but not obligation to bring within the plan of this Declaration additional properties, regardless of whether or not the properties are presently owned by the Developer, in future stages of the development, provided that such additions are in accord with the general plan of development (the "General Plan") which has been prepared prior to the date of these covenants and restrictions and prior to the sale of any Lot and is maintained in the office of Declarant. UNDER NO CIRCUMSTANCES shall these covenants and restrictions or any supplement or the General Plan bind the Developer to make the proposed additions or to adhere to the Plan in any subsequent development of land shown on the General Plan. Nor shall the Developer be precluded from conveying lands in the General Plan not subject to these covenants and restrictions or any supplement. (B) The additions authorized shall be made by filing of record a supplemental Bill of Assurance with Covenants and Restrictions with respect to the additional property which shall extend the plan of the covenants and restrictions of this Declaration to the additional property, and the owners, including the Developer of lots in those additions shall immediately be entitled to all rights and privileges provided in this Declaration. (C) The supplemental Declaration may contain those complimentary additions and modifications of the covenants and restrictions contained in this Declaration necessary to reflect the different character, if any, of the added properties as are not inconsistent with the plan of this Declaration. In no event, however, shall such supplement revoke, modify or add to the covenants established by this Declaration within the Property. SECTION 3. Additions Limited to Developer. No one other than the Developer shall have the right to subject additional lands to this Declaration. ARTICLE II SECTION 1. Easements for Public Utilities and Drainage. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have heretofore been donated and dedicated, said easements, being of various widths, reference being hereby made to the Plat for a more specific description of width and location thereof. SECTION 2. Subdividing Lots. No lot shall be subdivided. SECTION 3. Oil, Gas and Other Minerals. All oil, gas and other minerals in, on or under the Property, including the Lots identified herein, are reserved to the Developer or its predecessors in title as the case may be. ARTICLE III The following restrictions are imposed as a common scheme upon all lots for the benefit of each lot and may be enforced by any owner through any remedy available at law or in equity: Plat. 1. No buildings or structures shall be constructed on any lot except as provided in the 2 2. No trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of any utility or drainage easement. In the event any trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of such easement, no person, firm or corporation engaged in supplying public utility services shall be liable for the destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easement. ARTICLE IV SECTION 1. Duration. The covenants and restrictions of this Bill of Assurance shall run with and bind the land, shall inure to the benefit of and be enforceable by the owner of any land subject thereto, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from the date hereof, after which time the covenants and restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument terminating these covenants and restrictions signed by the then owners of sixty-five percent (65%) of the lots within the Subdivision has been recorded prior to the commencement of any ten-year period. SECTION 2. Amendments. Notwithstanding Section 1 above, this Bill of Assurance may be amended at any time by the Developer within a period of ten (10) years form the date of its recording without regard for the initial thirty (30) year term, so long as the Developer owns a lot in the Subdivision, and, at any time after ten years of the date of its recording, it may be amended by an instrument signed by the owners of not less than seventy percent (70%) of the lots. Any amendment must be properly recorded. SECTION 3. Notices. Any notice required to be sent to any owner under the provisions of this Bill of Assurance shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as the owner of record at the time of mailing. SECTION 4. Enforcement. Enforcement of this Bill of Assurance shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction hereof, either to restrain violation or to recover damages, and against the land to enforce any lien created by this Bill of Assurance. Failure by any owner to enforce any covenant or restriction shall in no event be deemed a waiver of the right to do so thereafter. SECTION 5. SeverabilitY. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. SECTION 6. Attorney Fee. In any legal or equitable proceeding to enforce or to restrain the violation of any covenant or restriction hereof, the prevailing party or parties shall be entitled to an award of reasonable attorneys' fees. All remedies provided for herein, or at law or equity, shall be cumulative and not exclusive. 3 IN TESTIMONY WHEREOF, we have hereunto set our hands and seals this ' day of 2021. CW Heavrin Family Trust ]i y . Heavrin, Trustee Deanna Heavrin, Trustee ACKNOWLEDGMENT STATE OF ARKANSAS ) )ss COUNTY OF PULASKI ) On this day personally appeared before the undersigned, a Notary Public, Jimmy W Heavrin and Deanna Heavrin, who stated that they were the Trustees of the Heavrin Family Trust, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said Trust, and further stated and acknowledged that they had so signed, executed, and delivered the same for the consideration, uses, and purposes therein mentioned and set forth. WITNESS REOF, I have hereunto set my hand and seal as such Notary Public on this F day of , 2021. r-VC-Z NotaYyNbfic CECILIA FLORES Notary Public-Arkansps Saline County My Commission Expires 08-13-2028 Commission # 12367507 PavWwd oniy fdi indUslon of minimum Starld * mired by fha City of Utdo Rcdc subdivision regulations. alll of Assuranca provisions established by the developer may oxceed of the WBa Flock subdivision and zoning ordinances. My of Lftft Rack Plar1 ing Owntnission 4