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HomeMy WebLinkAboutS-2003 Bill Of AssuranceN This instrument prepared by: Blake D. Lewis Kutak Rock LLP 124 W. Capitol Avenue, Suite 2000 Little Rock, AR 72201 IIII�IIIIII11111111111111 2025042188 PP,ESENTED: D8-o4-2D25 02:59,42 PM RECORDED: 08-04-2025 03:03:15 PM In Official Records of Terri Hollingsworth Circuit/County Clerk PULASKI CO, AR FEE $30.00 BILL OF ASSURANCE (Lot 1, Exalt Education Addition) This Bill of Assurance is executed by EXALT EDUCATION, INC., an Arkansas nonprofit corporation ("Declarant"), and made effective as of this .-1s -day of August 2025. RECITALS: A. Declarant is the owner of the lands more particularly described on Exhibit A attached hereto and made a part hereof, shown on the plat described below as Lot 1, Exalt Education Addition (the "Property"). B. Declarant desires to replat the Property in accordance with the plat described below. NOW, THEREFORE, Declarant, 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 Benson John LeBoeuf, Registered Land Surveyor (No. 1900), and Joe D. White, Jr., Registered Professional Engineer (No. 7094), dated July 18, 2025, and bearing a Certificate of Final Approval executed by the City of Little Rock, and showing the boundaries and dimensions of the property now being platted (the "Plat"). IN FURTHERANCE THEREOF, Declarant does hereby lay off and replat the Property in accordance with the Plat. The lands embraced in the Plat shall be forever known as "Lot 1, Exalt Education Addition" and any and every deed of conveyance of the Property by the number shown on said Plat shall always be deemed a sufficient description thereof 1. Replat to Terminate Easement. The Plat is prepared, approved and recorded to replat the Property to terminate, remove and/or vacate that certain Easement dated October 7, 1954, and filed of record on October 11, 1954, in the real estate records of Pulaski County, Arkansas, in Book 552 Page 273. 4926-3195-0168.1 2. Existing Easements and Restrictions. The Plat reflects various easements on the Property (collectively, the "Existing Easements ") created by Declarant's predecessors in title pursuant to various instruments separate from the Plat. The Existing Easements shall remain in force as granted and are unaffected by the Plat. The Property may also be subject to certain covenants, conditions and restrictions (collectively, the Txistin Restrictions') created by various bills of assurance and similar instruments executed and recorded by Grantor's predecessors in title. To the extent the Existing Restrictions remain enforceable against the Property on the date preceding this Bill of Assurance, they shall remain unaffected by this instrument and continue to bind and encumber the Property pursuant to their respective terms. 3. Severability. Invalidation of any covenant, condition, requirement or 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. 4. Construction of Instrument. This Bill of Assurance shall not be construed more strictly against a party merely by virtue of the fact that it may have been prepared by counsel for a party. The headings of various Sections in this Bill of Assurance and all exhibits and attachments hereto are for convenience only, and are not to be utilized in construing the content or meaning of the substantive provisions hereof. All references to instruments, documents, contracts and agreements are references to such instruments, documents, contracts and agreements as the same may be amended, supplemented and otherwise modified from time to time, unless otherwise specified. The words "hereof', "herein" and "hereunder" and words of similar import when used in this Bill of Assurance and its exhibits shall, unless otherwise specifically stated, refer to this instrument as a whole and not to any particular provision of this Bill of Assurance. {Remainder of page intentionally left blank; signature page follows. } 4926-3195-0168.1 EXHIBIT A (Property Description) 16.0677 ACRES BEING A PORTION OF THE NW1/4 SE1/4, SECTION 36, T-1—N, R-13—W, PULASKI COUNTY ARKANSAS AND LOTS 11 AND 14 OF ARNOLD'S HIGHLAND ACRES; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT LOCATED AT THE SOUTHEAST CORNER OF LOT 182—R, ROSEN REPLAT NO. 2 (AS RECORDED IN PLAT BOOK 12, PAGE 72, PULASKI COUNTY CIRCUIT CLERK); SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NO2'50'14"E, ALONG THE EASTERN LINE OF CLOVERDALE SUBDIVISION, A DISTANCE OF 613.20% THENCE S87'01'25"E, ALONG CLOVERDALE SUBDIVISION, A DISTANCE OF 435.71' TO A POINT ON THE WESTERN RIGHT OF WAY LINE OF W. 83RD STREET; THENCE ALONG SAID RIGHT OF WAY, ALONG THE ARC OF A 378.77' RADIUS CURVE TO THE LEFT, HAVING AN ARC LENGTH OF 168.01' AND CHORD OF S77'00'33"E-166.64'; THENCE CONTINUING ALONG SAID RIGHT OF WAY, S87'25'27"E-573.77'; THENCE LEAVING SAID RIGHT OF WAY, S02'36'56"W-360.02'; THENCE S03'32'20"W-225.04' TO A POINT ON THE NORTHERN RIGHT OF WAY LINE OF HINKSON ROAD; THENCE N87'17'53"W, ALONG SAID RIGHT OF WAY, A DISTANCE OF 645.07'; THENCE CONTINUING ALONG SAID RIGHT OF WAY, N87'01'57"W-527.12'; BACK TO THE POINT OF BEGINNING. 4926-3195-0168.1 Bill of Assurance (Lot 1, Exalt Education Addition) Signature Page of Declarant EXECUTED as of the day and year'first above stated. GRANTOR: EXALT EDUCATION, INC., an Arkansas nonprofit corporation By: Christina Long, Chief Aca emic Officer ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) On July � I � 6 , 2025, before me, a Notary Public, duly commissioned, qualified, and acting, with and for said County and State, appeared in person the within named Christina Long, to me well known, who stated she was the Chief Academic Officer of Exalt Education, Inc., an Arkansas nonprofit corporation, and was duly authorized in such capacity to execute the foregoing instrument for and in the name and on behalf of the corporation, and further stated and acknowledged she had so signed, executed, and delivered the foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. In witness whereof, I hereunto set my hand and official seal. My Commission Expires: �3/l I V.t�d 1 114 0 /7 Notdry Public LIN®A MOONEY NOTARY PUBLIC SALINE COUNTY, ARKANSAS COMM. EXP. 03/19/31 COMMISSION NO.12713773 4926-3195-0168.1