HomeMy WebLinkAboutS-99-G BILL OF ASSURANCEI�I��IIIII�III��IIIIIIIII�II� ��I 20250339:51
PRESENTED: 06-26-2025 02'.49J4 Pm RECORDED: 06-26-2025 03:15:46 PM
In Official Records of Terri Hollingsworth Circuit/County Clerk
PULASKI CO, AR FEE $35.00
This instrument prepared by:
NEWLAND & ASSOCIATES, PLLC
2228 Cottondale Lane, Suite 220
Little Rock, AR 72202
(501)221-9393
,
DILL OF ASSURANCE AND REPLAT
OF
LOT 2, GULF SUBDIVISION, PHASE 11,
TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS
TO
LOTS 2R-1, 2R-2, AND 2R-3, GULF SUBDIVISION TO THE CITY OF
LITTLE ROCK, PULASKI COUNTY, ARKANSAS
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, PIAYBAR PROPERTIES, L.L.C., an Arkansas limited liability company
("Developer"), is the owner of the following lands lying in Pulaski County, Arkansas:
Lot 2, Gulf Subdivision, Phase II located in the City of Little Rock, Pulaski County,
Arkansas (the "Propertt3,");
WHEREAS, the Developer finds it desirable that the Property be replatted in order to
modify the number of lots and grant certain easements as shown on the Replat and as referenced
herein; and
NOW, THEREFORE, the Developer, for and in consideration of the benefits to accrue to
it and its successors and assigns, which benefits the Developer acknowledges to be of value, has
caused the Property to be re -surveyed and a replat (hereinafter referred to as the "Replat") made
thereof by Benson J. LeBoeuf, Registered Land Surveyor (No. 1900) and Joe D. White, Jr.,
Registered Professional Engineer (No. 7094), said Replat bearing the signature of the said
Surveyor and Engineer and being filed of record of even date herewith in the office of the Circuit
Clerk of Pulaski County, Arkansas, as Plat Number , said Replat being
incorporated herein by reference.
IN FURTHERANCE THEREOF, the Developer warrants and represents that it has laid
off, replatted, and resubdivided and does hereby lay off, replat, and resubdivide the said Property
Page 1 of 5
in accordance with the aforesaid Replat. The lands embraced in said Replat shall be forever known
as:
Lots 2R-1, 2R-2, and 2R-3, Gulf Subdivision, being a Replat of Lot 2, Gulf
Subdivision, Phase 11, located in the City of Little Rock, Pulaski County,
Arkansas;
and any and every deed of conveyance of Property describinZD
g the same by the lot shown on said
Replat shall always be deemed a sufficient description thereof.
FURTHER, all Owners of a Lot, and all persons, natural and artificial, claiming an interest
in any Lot, shall take their titles subject to the grants, rights, easements, retainage, covenants,
restrictions, privileges, and reservations herein contained and shown on the Replat, each of
which and all of which shall be covenants running with the title to said Lots, and shall be
binding upon any Owner and their respective heirs, successors and assigns forever, to -wit:
1. Definitions. For purposes of this Bill of Assurance, "Lot(s)" shall mean and refer
to any plot or tract of land which is properly identified or designated as a lot on the Replat, and
"Owner(s)" shall mean the owner of a Lot and refer to each and every person or business entity
who or which is a record owner or subsequently becomes a record owner of a fee or undivided fee
interest in any Lot.
2. Incorporation .of Prior Documents.. The Lots are and shall remain subject to the
existing easements, covenants, and restrictions as identified on the Replat and further described
in Exhibit A attached hereto and incorporated herein.
3. Grant of UtiliV Easements. There are strips of land shown and dimensioned on
the Replat designated as "Utility Easement" and "Drainage Easement," which are reserved for the
use of public utilities and/or drainage. The filing of the Replat and this Bill of Assurance for record
in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, shall
constitute a complete and valid delivery and dedication of any and all Utility Easements and Sewer
Easements shown on said Replat.
4. Grant of Access Easement and Driveway Easement; Maintenance of Drive.
a. For and in consideration of the benefits to accrue to Developer, its successors
and assigns, which benefits it acknowledge to be of value, Developer hereby
grants to all Owners of a Lot, and such Owners' respective successors, assigns,
agents, employees, tenants, guests, invitees, contractors, servants, subtenants,
and licensees, including, without limitation, all lenders, mortgage holders and
their successors (collectively, the "Access Easement Beneficiaries") a fifteen
(15) foot wide nonexclusive perpetual reciprocal ingress, egress and access
easement running along the East line of Lots 2R-1, 2R-2, and 2R-3 as more
fully depicted on the Replat (the "Access Easement") for the purpose of
providing the Easement Beneficiaries with ingress and egress access to,, over,
and across each Lot.
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b. There are currently driveways over and across each of the Lots (the
"Driveways") as indicated on the Replat. For and in consideration of the
benefits to accrue to Developer, its successors and assigns, which benefits it
acknowledge to be of value, Developer hereby grants to all Owners of a Lot,
and such Owners' respective successors, assigns, agents, employees, tenants,
guests, invitees, contractors, servants, subtenants, and licensees, including,
without limitation, all lenders, mortgage holders and their successors
(collectively, the "Driveway Easement Beneficiaries") a nonexclusive
perpetual reciprocal ingress, egress, access, and parking easement running
along and over the Driveways of Lots 2R-1, 2R-2, and 2R-3 as more fully
depicted on the Replat (the "Driveway Easement") for the purpose of providing
the Driveway Easement Beneficiaries with ingress and egress access and
parking access to, over, and across each Lot.
c. The cost of maintaining the portion of the Driveway located within each Lot
shall be the responsibility of the respective Lot Owner.
d. Nothing contained herein shall be deemed to be a dedication to the public of
the Access Easement or Driveway Easement.
5. Amendments. Any and all of the provisions contained in this Bill of Assurance
may be changed or amended at any time by a written instrument signed and acknowledged by
either (1) the Owners of at least fifty-one percent (51 %) of the Lots or (ii) the Developer, provided
that the Developer still owns at least one (1) Lot, all subject to zoning and other applicable rules,
regulations, ordinances, and approvals. The provisions of any instrument annending this Bill of
Assurance shall be effective from and after the date it is properly recorded.
6. Severabilit . Invalidation of any one of the provisions herein by judgement or court
order shall in no way affect any of the other provisions, which shall remain in full force and effect.
EXECUTED this t day of� 2025.
HAYBAR PROPERTIES, L.L.C, an Arkansas limited liability company
By:
Bryan Itosfo, Authorized Agent
Page 3 of 5
ACKNOWLEDGMENT
STATE OF ARKANSAS )
.§ 5
COUNTY OF
On this day of �. LL-- , 2025, before me a Notary Public, duly
commissioned, qual Fred and acting, within and for the County and State aforesaid, appeared
in person the within named Br an Hosto. in his cuacily as Authorized A ent of Ha Bar
Pro erties L.L.C. an Arkansas limited liabili cone an , to me personally well-known or
sufficiently proved, and stated that he had signed, executed, and delivered the foregoing
instrument for the consideration, uses, and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal on this J 3
day of Lt-7 , 2025:
My Commission Expires:.
TA,MARA l,I. C-UFFEY
Idos.�ry rubS
iae-t rk�Zs.
Saline Cf-J"y
hfiY � �ommissian u 1 : =arv�s
Page 4 of 5
Notary Public y ��
EXHIBIT A
EXISTING EASEMENTS, COVENANTS, AND RESTRICTIONS
Building setback lines and easements as shown on plat filed of record Book 1 Page 164,
and Book A Page 890, records of Pulaski County, Arkansas.
Restrictive covenants contained in the Bill of Assurance filed of record as Document No.
80-37534, and Amendment of record as Document No.89-19713, records of Pulaski
County, Arkansas, but omitting any covenants or restrictions, if any, based upon race,
color, religion, sex, sexual orientation, familial status, marital status, disability, handicap,
national origin, ancestry or source of income, as set forth in applicable state or federal
laws, except to the extent that said covenant or restrictions is permitted by applicable law.
• Right of Way Easement in favor of Little Rock Sanitary Sewer Committee filed of record
on October 11, 1972, Book 1216 Page 337, records of Pulaski County, Arkansas.
■ Right of Way Easement in favor of The City of Little Rock filed of record on March 21,
1979, Document No. 79-9968, records of Pulaski County, Arkansas.
Right of Way Easement in favor of The City of Little Rock filed of record on April 17,
1979, Document No. 79-14032, records of Pulaski County, Arkansas.
• Mutual non-exclusive27 foot wide access easement as shown in Warranty Deed of record
as Docuument No. 83-19716, and Acluiowledgement of Mutual Easement of record as
Document No. 91-43204, records of Pulaski County, Arkansas.
■ Right of Way Easement in favor of The City of Little Rock filed of record on April 17,
ZD
1979, Document No. 79-14033, records of Pulaski County, Arkansas.
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