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HomeMy WebLinkAboutBill of Assurance - Second Amendment 081425This Instrument Prepared By: Price C. Gardner Friday, Eldredge & Clark, LLP 2000 Regions Center 400 West Capitol Little Rock, Arkansas 72201 SECOND AMENDMENT TO DECLARATION OF RESTRICTIONS AND COVENANTS FOR LOTS 8A, 8B, 9 AND 16 COLONEL GLENN CENTRE ADDITION (PREVIOUSLY DESCRIBED AS REMINGTON ROAD CENTRE ADDITION) THIS SECOND AMENDMENT TO DECLARATION OF RESTRICTIONS AND COVENANTS (this "Declaration") is made as of the _____ day of August, 2025, by FREEWAY PARK PROPERTIES, LLC, an Arkansas limited liability company (the "Lot 8A Owner”), TALLEY ROAD INVESTORS, LLC, an Arkansas limited liability company (the "Lot 8B Owner”) and ARKANSAS BAPTIST STATE CONVENTION (the "Lots 9 and 16 Owner” and collectively with the Lot 8A Owner and Lot 8B Owner, the “Lot Owners”). R E C I T A L S WHEREAS, Remington Road Centre, LLC, an Arkansas limited liability company, as Grantor, caused the lands described on Exhibit A attached hereto (the “Property”) to be final platted as evidenced by that certain Final Plat filed of record in Plat Book H-924 on December 21, 2006, and filed at certain Declaration of Restrictions and Covenants for Lots 8A, 8B, 9 and 16 dated December 6, 2006, and recorded as Instrument Number 2006099326 on December 21, 2006, in the records of the Pulaski County Circuit/County Clerk, as amended by that certain First Amendment to Declaration of Restrictions and Covenants for Lots 8A, 8B, 9 and 16 dated December 18, 2008, and recorded as Instrument Number 2008084511 on December 22, 2008, in the records of the Pulaski County Circuit/County Clerk (the "Declaration"); and WHEREAS, Paragraph 2(e) of the Declaration presently prohibits the construction, development or operation of a veterinary hospital on the Property (the "Veterinary Restriction") and the Lot Owners have agreed to amend the Declaration to remove the Veterinary Restriction on the terms and conditions. NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements set forth herein, the Lot Owners hereby agree as follows: 1. Amendment of Restricted Uses. The Lot Owners do hereby amend Paragraph 2(e) to delete and remove the Veterinary Restriction from the restrictions on the permitted uses of Lots 8A, 8B, 9 and 16 by amending and restating Paragraph 2(e) to hereafter read as follows: “(e) Any mobile home or trailer court, labor camp, junk yard, stock yard or animal raising facility, except the temporary use of construction trailers during the period of construction, reconstruction or maintenance shall also be permitted.” From and after the execution of this Second Amendment, the Veterinary Restriction is removed from the Property and shall be null, void and unenforceable. 2. Capitalized Terms. Capitalized terms not otherwise defined in this Amendment shall have the definition and meaning described thereto under the Declaration. The remaining terms and conditions of the Declaration are incorporated herein by reference as if stated word for word herein. 3. Duration. Unless otherwise cancelled or terminated, all of the easements granted in this Second Amendment shall continue in perpetuity and all other rights and obligations hereof shall automatically terminate and be of no further force and effect at such time as the other rights and obligations under the Declaration shall lapse and terminate in accordance with Paragraph 14 thereof. 4. Modifications. Except as otherwise provided herein, this Second Amendment may not be modified in any respect whatsoever rescinded in whole or in part, except in writing executed in accordance with the requirements of the Declaration. 5. Miscellaneous. (a) Authorization. The Lot Owners make and deliver this Second Amendment in accordance with the authority set forth in Paragraph 11 of the Declaration which permits the Lot Owners amend the Declaration by the vote of a Majority in Interest of the Owners. As of the date of this Second Amendment, the Lot Owners represent all of the Owners of the Property affected by the Declaration and unanimously consent to and approve this Second Amendment. (b) Governing Law. This Amendment shall be construed and enforced in accordance with, and governed by, the law of the State of Arkansas. (c) Inurement and Binding Effect. This Declaration and the easements, covenants, benefits and obligations created hereby shall inure to the benefit and be binding upon each Lot Owner, and their respective successors and assigns. (f) Entire Agreement. This Amendment together with the Declaration constitute the entire agreement regarding this subject matter between the Parties hereto. The Parties do not rely on any statement, promise or representation not herein expressed or expressed in the Declaration, and this Amendment, once executed, delivered and filed, shall not be modified or altered in any respect except as provided herein. IN WITNESS WHEREOF, this Second Amendment to Declaration has been executed effective as of the day first written above. LOT 8A OWNER: FREEWAY PARK PROPERTIES, LLC By:________________________________ Name:________________________ Title:_________________________ LOT 8B OWNER: TALLEY ROAD INVESTORS, LLC By:________________________________ Leonard Boen, Manager LOT 9 AND 16 OWNER: ARKANSAS BAPTIST STATE CONVENTION By:________________________________ Name:________________________ Title:_________________________ ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) On this day, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named _________________, to me personally well known, who stated that he was the __________ of FREEWAY PARK PROPERTIES, LLC, an Arkansas limited liability company, and that he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he 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 August, 2025. ____________________________________ Notary Public My Commission Expires: _________________________ ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) On this day, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named Leonard Boen, to me personally well known, who stated that he was the Manager of TALLEY ROAD INVESTORS, LLC, an Arkansas limited liability company, and that he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he 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 August, 2025. ____________________________________ Notary Public My Commission Expires: _________________________ ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) On this day, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named ________________, to me personally well known, who stated that he was the _____________ of the ARKANSAS BAPTIST STATE CONVENTION, an Arkansas not for profit corporation, and that he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he 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 August, 2025. ____________________________________ Notary Public My Commission Expires: _________________________ Exhibit A Property Description Lots 8A, 8B, 9 and 16, Colonel Glenn Centre Addition, City of Little Rock, Pulaski County, Arkansas, as filed in Plat Book H-924 as Instrument Number 2006099326 on December 21, 2006, and further subject to all existing easements and dedications of record.