HomeMy WebLinkAboutS-1993-A Bill Of Assurance And ReplatIIIIIIIIII�IIIIIIIIII�I I III1111111111 2025046908
PRESENTED: 08- 202512:51:37 PM RECORDED: 08-27-2025 01:04:31 PM
In Official Records of Terri Hollingsworth Circuit/County Clerk
PULASKI CO, AR FEE $25-00
This instrument prepared by:
NEWLAND & ASSOCIATES, PLLC
2229 Cottondale Lane, Suite 220
Little Rock, AR 72202
(501) 221-9393
BILL OF ASSURANCE AND REPLAT
OF
LOT 2 , BERKS141RE PLACE COMMERCIAL SUBDIVISION,
AN ADDITION TO THE CITE' OF LITTLE ROCK, PULASKI COUNTY9
AR.NSAS
TO
DOTS 2R-1, 2R-2, AND 2R-3, BERKS141RE PLACE COMMERCIAL
SUBDIVISION, AN ADDITION TO THE CITE' OF LITTLE ROCK,
PULASKI COUNT', ARKANSAS
I,�N01A7 ALL MEN BY THESE PRESENTS:
WHEREAS, Arkansas Storage Centers VIII, LLC, an Arkansas limited liability
company ("'Developer"), is the owner of the following lands lying in Pulaski County, Arkansas:
Lot 2R, Berkshire Place Commercial Subdivision, an Addition to the City of Little
Rock, Pulaski County, Arkansas (the "Property");
WHEREAS, the Developer finds it desirable that the Property be replatted in order to
modify the number of lots 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
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off; replatted, and resubdivided and does hereby lay off, replat, and resubdivide the said Property
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, Berkshire Place Commercial Subdivision, being a
Replat of Lot 2R, Berkshire Place Commercial Subdivision, an Addition to the
City of Little Rock, PnlasId County, Arkansas;
and any and every deed of conveyance of Property describing 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, retamage, covenants,
restrictions, privileges, and reservations herein contained and shown on the Replat, each of
which and all of which shall be covenants rumiing with the title to said Lots, and shall be
binding upon any Owner and their respective heirs, successors and assigns forever, to -wit:
1. Definition . 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 Phor Documents. The Lots are and shall remain subj ec.t to the
existing easements as identified on the Replat.
3. Setbacks. No building shall be located, constructed, erected, placed, altered, or
re -erected on or upon any portion of the Property nearer than the building setback lines as
indicated on the Replat. No fence or wall shall be located, constructed, erected, placed, altered,
or re -erected within the setbacks required by applicable zoning regulations as indicated on the
Replat.
4. 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 (i) the Owners of at least fifty-one percent (51%) of the Lots or (ii) the Developer, provided
that the Developer still o-wns at least one (1) Lot, all subject to zoning and other applicable rules,
regulations, ordinances, and approvals. The provisions of any instrument amending this Bill of
Assurance shall be effective from and after the date it is properly recorded.
5. Severabilitt. 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.
[Signature on folloti-ving page]111
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EXECUTED this 24:1 day of , 2025.
ARKANSAS STORAGE CENTERS VIII, LLC, an Arkansas limited liability company
By.
Stuart Finley
Title: Managing Member
ACKN OWLEDGM ENT
STATE OF ARi{A.NSAS )
COUNT' OF L'L Lc[ s /c!f )
On this '< day of A_; -= ` -t� 2025> before ine a Notary Public, drily
commissioned, qualified and actntg,within. and for the Coiuxty and State aforesaid, appeared
in person the within named Stuart Finley. in his capacity as Managing Member of Arkansas
Storage Centers V111, LLC, an Arkansas limited liability company, to me personally well-
known or sufficiently proved, and stated that he had signed, executed: and delivered the foregoing
instiLunent for the consideration, uses, and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal on this -.:P'�
day of �� �3 2025.
My Conunission Expires:
IAMARA M. GUFFEY
FJo,ary Public -Arkansas
Saline County
My Commission Expires 02-03-2034
Ccmmission # 12396933
:J
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Notary Public r10