HomeMy WebLinkAboutS-2004 Bill Of AssuranceThis instrument prepared by:
NEWLAND & ASSOCIATES, PLLC
2228 Cottondale Lane, Suite 220
Little Rock, AR 72202
(501) 221-9393
Illll�lllllllf�l� lull IIIIIII 11111111 2025043271
PRESENTED: 08-08-202501:20.51 PM RECORDED: 08-08-2025 01:23:32 PM
In Official Records of Terri Hollingsworth Circuit/County Clerk
PULASKI CO, AR FEE $40.00
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BILL OF ASSURANCE
PINNACLE RETREAT, ANT ADDITION TO PULASKI COUNTY, ARKA SAS
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, WELLONS PROPERTIES, LLC ("Declarant") is the owner of the
following lands lying in Pulaski County, Arkansas:
See Legal Description attached hereto and incorporated herein as Exhibit A (the
"Property':);
WHEREAS, it is desirable that the Property be platted into lots as described herein;
NOW, THEREFORE, the Declarant, for and in consideration of the benefits to accrue to
him and his successors and assigns, which benefits Declarant acknowledges to be of value, has
caused the Property to be surveyed and a plat (hereinafter referred to as the "Plat"), made thereof
by Daniel Havner, Registered Land Surveyor (No. 1542), and Joe D. White, Jr., Registered
Professional Engineer (No. 7094), said Plat bearing the signature of the said Surveyor and
Engineer and being of record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski
County, Arkansas, as Plat Number , and the Declarant does hereby make this
Bill of Assurance applicable to the Property.
IN FURTHERANCE THEREOF, Declarant warrants and represents that he has laid off,
platted, and subdivided, and does hereby lay off, plat, and subdivide the Property in accordance
with the aforesaid Plat. The Property embraced in said Plat shall be forever known as:
Dots I and 2, Pinnacle Retreat, an Addition to Pulaski County, Arkansas
and any and every deed of conveyance of any Lot in said Addition describing the same by the lot
number shown on said Plat shall always be deemed a sufficient description thereof.
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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 Plat, 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.
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, privileges, and reservations
herein contained, including but not limited to, the rights of public utilities in and to the
easements shown on the Plat.
The Lots created hereunder shall be purchased, acquired, owned, possessed, held and
occupied subject to the covenants, restrictions and provisions set forth above and as follows,
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,
in order to maintain the Lots as desirable, uniform, and suitable as residential property, to -wit:
1. Land Use.
a. All Lots shall be held, owned, and used only for residential purposes. No
buildings shall be erected, placed, altered, re -erected or permitted to remain on or upon any Lot
other than: (1) a detached single-family residence (a "Dwelling") together with a private garage
for storage of passenger vehicles owned or used by the residents and (ii) such other improvements
and outbuildings incidental and related to the residential use of the Lot or as may otherwise be
approved in writing by the Declarant. By way of example only, acceptable additional
improvements may include guest house/quarters, pool houses, storage buildings, shops (for non-
corninercial use), and barns.
b. No motor homes, recreational vehicles, camper trailers, travel trailers,
buses, construction or farming equipment, or construction vehicles shall be permitted to be parked,
stored, or remain upon any Lot, unless the same is parked or stored and remains in a fully enclosed
stall of a garage or storage building, provided that construction vehicles and equipment or a
dumpster may be parked or placed on a Lot if ongoing construction or remodeling projects are
taking place at on the Lot.
2. Setbacks. No future Dwelling or building shall be located, constructed, erected,
placed, altered, or re -erected on or upon any Lot nearer than the building setback lines as
indicated on the Plat. 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
Plat.
3. Garbage and Refuse Dis osal. No Lot shall be used or maintained as a dumping
ground for rubbish. Trash, garbage, and other waste shall not be kept except in sanitary containers.
4. Nuisances. No noxious or offensive activity or cormnercial business activity shall
be carried on upon any Lot. No coin nercial trucks or vehicles or inoperative vehicles may
be stored or parked on a Lot other than for making routine deliveries. The sale of Lots or
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Dwellings and the construction of dwellings, buildings, structures and other improvements
shall not be prohibited hereunder and the same are hereby declared permitted conuuercial
activities.
5. Animals. No livestock of any kind shall be raised or kept on any Lot, except
dogs, cats, other household pets, horses, and chickens may be kept provided such is in
accordance with applicable laws and regulations and such are not kept or maintained for
commercial purposes.
6. Grant of Utilitj Easements. There are strips of land shown and dimensioned on
the Plat designated as "Utility Easement," which are reserved for the use of public utilities and/or
drainage. The filing of the Plat 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 shown on said Plat.
7. Grant of Right of Way. For and in consideration of the benefits to accrue to
Declarant, his successors and assigns, which benefits Declarant acluiowledges to be of value,
Declarant hereby grants, bargains, and sells to the public a perpetual tight of way running fifteen
(l 5) feet fi'oiu the East curve property line of the Property along AR State Highway "a 00 for the
purpose of providing ingress and egress along AR State Highway 300 as well. as maintenance and
repair to AR State Highway 300, said right of way being depicted on the Plat.
8. Access Easement.
a. For and in consideration of the benefits to accrue to Declarant, his
successors and assigns, which benefits he acknowledged to be of value, Declarant hereby grants
to the Owner(s) of Lot 2, 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 twenty (20) foot wide nonexclusive perpetual ingress, egress and access easement
rumling 298.60 feet from the east property line of Lot 1 with the AR State Highway 300 Right of
Way and along Lot 1's North property line as more fully depicted on the Plat (the "Access
Easement") for the purpose of providing the Access Easement Beneficiaries with ingress and
egress access to, over, and across the Access Easement.
b. Ev acceptance of title to Lot 2, the Gvner(s) of Lot 2 shall indempi�
and save Declarant and the Owner s of Lot f harmless from all clanrnns Judgments, costs of
defense includinc reasonable attorneys' fees for damage to ro erf, injury, or death
oecurrina on the access Easement as a, result of the Owners of Lot 2's Access ]Easement
Beneficiaries' presence on the Access Easement.
C. The Owners of Lot 2 shall be res onsible at their sole cost and
expense, to maintain re air and re lace to keep in commercially reasonable condition the
avement ravel and similar improvements vements related to the drive located in the Access
Easement. Such obligation shall include all maintenance, re air and replacement necessary
to keep all Raved driving areas within the Access Easement in commercially reasonable
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rey air and drivable condition, including but Eot limited to repairinIZ all ruts and otholes on
a regular basis, except Owners of Lot 2 shall have no obligation. to repair ally dama e
excluding normal wear and tear caused by the Declarant or the 0 vner s of Lot I.
9. No Deduction of Access Easements to the Public. Nothing contained herein
shall be deemed to be a dedication to the public of the Access Easement.
10. No Subdivision or Re -Plat of the Piro e . The Property shall not be subdivided
or resubdivided or platted or replatted without the written consent of (i) the Declarant or (ii) the
Owner(s) of at least fifty-one percent (51 %) of the Lots, subject to zoning and other applicable
rules, regulations, ordinances, and approvals, provided that so long as the Declarant owns any
portion of the Property, such subdivision or re -plat shall require the approval of the Declarant.
11. Amendments. Except with regard to the easements and right of way granted herein,
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 (1) the Declarant or (ii) the Owner(s)
of at least fifty-one percent (51%) of the Lots, subject to zoning and other applicable rules,
regulations, ordinances; and approvals, provided that so long as the Declarant owes any portion of
the Property, such Amendment(s) shall require the approval of the Declarant. The provisions of
any instrument amending this Bill of Assurance shall be effective from and after the date it is
properly recorded.
12. Severability. 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.
13. Enforcement. The terms, restrictions, covenants, and provisions herein set forth
shall run with the Lots and shall bind the present Owners, their heirs, successors and assigns
and any person, natural or artificial, hereinafter owning any of the Lots. The Declarant and any
Owner of airy of the Lots platted hereby shall have the right to sue for and obtain an injLmction,
prohibitive or mandatory, to prevent the breach or to enforce the observance of, the restrictions
above set forth, in addition to any ordinary legal action for damages and the prevailing party or
parties shall be entitled to recover the costs of litigation whether at law or in equity, including
any attorney's fees, all as the court may set. The failure of the Declarant or any Owner of any of
the Lots to enforce any of the terms, provisions, covenants, or restrictions hereby set forth at the
time of its violation, shall, in no event, be deemed to be a waiver of the right to do so thereafter.
14. Term. Except with regard to the easements and right of way granted herein (which
shall be perpetual), each term, condition, covenant, restriction, and provision in this Bill of
Assurance, unless expressly provided otherwise, shall remain in fall force and effect until
December 31, 2035. All covenants for which extension is not otherwise provided in this
instrument shall automatically be extended for successive periods of ten (10) years each, unless
modified, terminated or canceled as provided herein.
[Signature on folloivingpage]
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EXECUTED this day of / vz. i 2025.
w S PI2®PERTIES, ITC
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ACKNOWLEDGMENT
STATE OF ARKAN SAS )
COUNTY OF ? Ld a5 ki )
On this 411' day of _ r u- AtA r 2025, before me a Notary Public, duly
commissioned, quail red and acting; —within aii1 d for the County and State aforesaid, appeared
in person the withui named BEN WELLONS. MANAGER of WELLONS PROPERTIES. LLC
to me personally well-known or sufficiently proved; and stated that he had signed, executed, and
delivered, the foregoing instrLiment for the consideration, uses, and purposes therein mentioned
and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal on this
day of 4 U iz i 2025.
Notary Public
My Commission Expires:
T MAL=>
FEY
NotarsasIqy Commis-03-2034Comm95-
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EXHIBIT A
LEGAL DESCRIPTION
PART OF THE NEl/4 SE1/4, SECTION 9, TOWNSHIP 2 NORTH, RANGE 14 WEST,
PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT A FOUND 1 INCH BAR MARKING THE SOUTHEAST CORNER OF
SAID NE1/4 SE1/4; THENCE NORTH 00 DEGREES 14 MINUTES 00 SECONDS EAST,
164.89 FEET; THENCE NORTH 88 DEGREES 06 MINUTES 00 SECONDS WEST, 51.34
FEET TO THE CENTERLINE OF STATE HIGHWAY NO. 300, SAID POINT BEING THE
POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES 06 MINUTES 00
SECONDS WEST, 611.95 FEET TO A FOUND 1/2 INCH REBAR AT A FENCE CORNER;
THENCE NORTH 00 DEGREES 05 MINUTES 08 SECONDS WEST, 143.15 FEET TO A
FOUND 1 1/4 INCH PIPE AT A FENCE CORNER; THENCE EAST, 656.51 FEET TO THE
CENTERLINE OF STATE HIGHWAY #300; THENCE WITH A CURVE TURNING TO THE
RIGHT WITH AN ARC LENGTH OF 169.70 FEET, WITH A RADIUS OF 869.18 FEET, WITH
A CHORD BEARING OF SOUTH 15 DEGREES 17 MINUTES 19 SECONDS WEST, WITH A
CHORD LENGTH OF 169.43 FEET ALONG SAID CENTERLINE TO THE POINT OF
BEGINNING. LESS AND EXCEPT ANY PORTION DEEDED TO THE ARKANSAS STATE
HIGHWAY COMMISSION.
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