HomeMy WebLinkAboutReciprocal Easement And Maintenanace Agreement_91OrleCir,Instrument# 2023027136 Page 1 of 10
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II�III���I��II�I��II�II�IIIIII III IN 11111 2023027136
PRESENTED: 05-26-2023 11:02:27 AM RECORDED: 05-25-2023 11:02:27 AM
In Official Records of Terri Hollingsworth Circuit/County Clerk
PULASKI CO, AR FEE $60.00
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RECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT
This Reciprocal Easement and Maintenance Agreement is made effective the 6t day of
2023 (the "Effective Date"), by and between Chaitanya Musham and
Archanthi (collectively, "Lot 43 Owners") and Sanjeeva Onteddu and Sukanthi Kovvuru
(collectively, "Lot 44 Owners"). The Lot 43 Owners and the Lot 44 Owners may collectively be
referred to as the "Parties."
WHEREAS, the Lot 43 Owners are the owners of the following described real property:
Lot 43, Block 113 of Chenal Valley, an Addition to the City of Little
Rock, Arkansas, as shown on the Plat dated January 24, 2022,
prepared by White-Daters & Associates, Inc., recorded on January 26,
2022 as Instrument No. 2022006477, subject to the Bill of Assurance
of Orle Neighborhood, recorded on November 16, 2005, as Instrument
No. 2005097403, and Corrected Supplement to Bill of Assurance
recorded on December 1, 2005, as Instrument No. 2005100976 and
the Declaration of Covenants and Restrictions of Chenal Valley,
recorded on November 22, 1989, as Instrument No. 89-61706, as
supplemented from time to time, all such instruments recorded in the
records of the Circuit Clerk of Pulaski County, Arkansas
("Lot 43");
WHEREAS, the Lot 44 Owners are the owners of the following described real property:
Lot 44, Block 113 of Chenal Valley, an Addition to the City of Little
Rock, Arkansas, as shown on the Plat dated January 24, 2022,
prepared by White-Daters & Associates, Inc., recorded on January 26,
2022 as Instrument No. 2022006477, subject to the Bill of Assurance
of Orle Neighborhood, recorded on November 16, 2005, as Instrument
No. 2005097403, and Corrected Supplement to Bill of Assurance
recorded on December 1, 2005, as Instrument No. 2005100976 and
the Declaration of Covenants and Restrictions of Chenal Valley,
recorded on November 22, 1989, as Instrument No. 89-61706, as
supplemented from time to time, all such instruments recorded in the
Page 1 of 9
Instrument# 2023027136 Page 2 of 10
records of the Circuit Clerk of Pulaski County, Arkansas
("Lot 44");
and
WHEREAS, the Parties wish to make an agreement for the construction and continued
maintenance of a wall along the property line between Lot 43 and Lot 44.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
1. Grant of Easement by Lot 43 Owners.
a. The Lot 43 Owners, for themselves and their heirs, successors, and assigns, hereby
GRANT, BARGAIN, SELL, TRANSFER, AND CONVEY to the Lot 44 Owners and their
heirs, successors, and assigns an easement for the purposes of constructing and thereafter
maintaining and repairing a wall on, through, over, and across Lot 43, said easement being
more particularly described as follows:
The West 5 feet of Lot 43, Block 113 of Chenal Valley, an Addition to the
City of Little Rock, Arkansas, as shown on the Plat recorded as Instrument
Number 2022006477 in the records of the Circuit Clerk of Pulaski County,
Arkansas
(the "Lot 43 Easement Area").
b. The Lot 43 Easement Area and the location of the wall are depicted in the Survey
attached hereto and incorporated herein as Exhibit A.
C. The Lot 44 Owners shall have free ingress and egress over the Lot 43 Easement
Area for the purpose of inspecting, maintaining, and/or repairing the wall. During any
construction, maintenance, or repair operations, the Lot 44 Owners shall have the right to
temporarily extend the Lot 43 Easement Area to include reasonably necessary workspace.
The Lot 44 Owners will repair any damage to the surface of the Lot 43 Easement Area or
that of any neighboring real property of the Lot 43 Owners resulting from any such
construction, repair, or maintenance operations by the Lot 44 Owners or their agents,
contractors, or invitees.
d. The Lot 43 Owners, for themselves and their successors and assigns, reserve the
right to hereafter use the surface of the Lot 43 Easement Area for any purpose not
inconsistent with the rights hereby conveyed, but may not place a building, structure, or
other improvement upon the Lot 43 Easement Area other than the wall contemplated
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Instrument# 2023027136 Page 3 of 10
herein. The Lot 43 Owners may permit utility services to cross the Lot 43 Easement Area,
provided that such utility services do not damage the wall or otherwise interfere with the
ability to maintain and repair the wall.
e. The rights granted herein shall be perpetual and continue for the benefit of the Lot
44 Owners, their heirs, successors, and assigns.
f. The Lot 43 Owners -represent and warrant to the. Lot 44 Owners that the Lot 43
Owners are the owners in fee simple of the Lot 43 Easement Area, subject to prior recorded
mortgages and restrictions, if any, and have the full authority and power to enter; into this
Agreement.
g. The Lot 43 Owners shall be responsible for paying all real property taxes applicable
to the Lot 43 Easement Area.
h. To the fullest extent permitted by applicable law, the Lot 44 Owners, for themselves
and their successors and assigns, agree to indemnify, defend, and hold the Lot 43 Owners,
their heirs, successors, and assigns, harmless from any injury or damage, whether to
persons or property, occurring on or about the Lot 43 Easement Area or the Lot 43 Owner's
neighboring property as a result of the Lot 44 Owner's or their agents, contractors, or
invitee's ingress and egress over and use of the Lot 43 Easement Area.
2. Grant of Easement by Lot 44 Owners.
a. The Lot 44 Owners, for themselves and their heirs, successors, and assigns, hereby
GRANT, BARGAIN, SELL, TRANSFER, AND CONVEY to the Lot 43 Owners and their
heirs, successors, and assigns an easement for the purposes of constructing and thereafter
maintaining and repairing a wall on, through, over, and across Lot 44, said easement being
more particularly described as follows:
The East 5 feet of Lot 44, Block 113 of Chenal Valley, an Addition to the
City of Little Rock, Arkansas, as shown on the Plat recorded as Instrument
Number 2022006477 in the records of the Circuit Clerk of Pulaski County,
Arkansas
(the "Lot 44 Easement Area").
b. The Lot 44 Easement Area and the location of the wall are depicted in the Survey
attached hereto and incorporated herein as Exhibit A.
C. The Lot 43 Owners shall have free ingress and egress over the Lot 44 Easement
Area for the purpose of inspecting, maintaining, and/or repairing the wall. During any
construction, maintenance, or repair operations, the Lot 43 Owners shall have the right to
Page 3 of 9
Instrument# 2023027136 Page 4 of 10
temporarily extend the Lot 44 Easement Area to include reasonably necessary workspace.
The Lot 43 Owners will repair any damage to the surface of the Lot 44 Easement Area or
that of any neighboring real property of the Lot 44 Owners resulting from any such
construction, repair, or maintenance operations by the Lot 43 Owners or their. agents,
contractors, or invitees.
d. The Lot 44 Owners, for themselves and their successors and assigns, reserve the
right to hereafter use the surface of the Lot 44 Easement Area for any purpose not
inconsistent with the rights hereby conveyed, but may not place a building, structure, or
other improvement upon the Lot 44 Easement Area other than the wall contemplated
herein. The Lot 44 Owners may permit utility services to cross the Lot 44 Easement Area,
provided that such utility services do not damage the wall or otherwise interfere with the
ability to maintain and repair the wall.
e. The rights granted herein, shall be perpetual and continue for the benefit of the Lot
43 Owners, their heirs, successors, and assigns.
f. The Lot 44 Owners represent and warrant to the Lot 43 Owners that the Lot 44
Owners are the owners in fee simple of the Lot 44 Easement Area, subject to prior recorded
mortgages and restrictions, if any, and have the full authority and power to enter into this
Agreement.
g. The Lot 44 Owners shall be responsible for paying all real property taxes applicable
to the Lot 44 Easement Area.
h. To the fullest extent permitted by applicable law, the Lot 43 Owners, for themselves
and their successors and assigns, agree to indemnify, defend, and hold the Lot 44 Owners,
their heirs, successors, and assigns, harmless from any injury or damage, whether to
persons or property, occurring on or about the Lot 44 Easement Area or the Lot 44 Owner's
neighboring property as a result of the Lot 43 Owner's or their agents, contractors, or
invitee's ingress and egress over and use of the Lot 44 Easement Area.
3. Construction, Maintenance, and Repair Costs. The Parties shall agree as to the plan
for the construction of the wall. The initial construction costs of the wall shall be the responsibility
.of the Lot 44 Owners. Thereafter, the wall will continue to be maintained and repaired in good
condition, subject to ordinary wear and tear, by the Lot 44 Owners, their successors, and assigns.
Notwithstanding the foregoing, any repair necessary due to the negligence or willful misconduct
of a Party or the Parry's agents, contractors, or invitees shall be the sole responsibility of the
Page 4 of 9
(Instrument# 2023027136 Page 5 of 10
applicable Parry. In the event a Party requires access to the other Party's property for purposes of
maintenance or repair of the wall, such Parry shall give the other Party a minimum of forty-eight
(48) hours' notice (which may -be verbal) prior to the time of such access.
4. Miscellaneous.
a. This Agreement expresses the entire agreement of the Parties and any and all prior
agreements, discussions or understanding are merged into this Agreement.
b. The Parties agree that from time to time hereafter, upon request, each of them will
execute, acknowledge and deliver such other instruments and documents and take such
further action as may be reasonably necessary to carry out the intent of this Agreement.
C. The intention is that this Agreement shall run with the lands embraced by this
Agreement and shall be binding upon all Parties' successors, heirs and, assigns.
d. Nothing in this Agreement shall be deemed to be a dedication of any portion of Lot
43 or Lot 44 for public use. All rights, easements, and interests herein created are private
and do not constitute a grant for public use and benefit.
e. This Agreement may be altered or terminated only with the express written
agreement of all parties with any ownership interest in both Lot 43 and Lot 44.
f. The parties acknowledge and agree that, the terms hereof were negotiated and this
Agreement drafted jointly by the parties. 'Therefore, any ambiguity as to any term contained
herein shall not be construed against one party as drafter.
g. If any portion of this Agreement is held invalid, illegal, or unenforceable, such
determination shall not impair the enforceability of the remaining terms and provisions
herein, provided the purposes, intent, and objects of this Agreement may be attained and
achieved through the enforcement of such remaining terms and provisions.
h. No waiver of a breach or violation of any provision of this Agreement shall operate
or be construed as a waiver of any subsequent breach or limit or restrict any right or remedy
otherwise available. Any waiver must be in writing.
i. This Agreement shall be subject to, governed by, and construed in accordance with
the laws of the State of Arkansas. Venue for any legal proceeding or any other action arising
under this Agreement shall be in the appropriate state court venue in Pulaski County,
Arkansas.
j. The instrument may be executed in multiple counterparts and shall be binding upon
all Parties so long as there is a counterpart of this instrument fully executed by each Party.
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(Instrument# 2023027136 Page 6 of 10
The signature pages from each counterpart may be assembled into a single instrument as
evidence of this Agreement.
[Signatures on following pages]
Page 6 of 9
Instrument# 2023027136 Page 7 of 10
S A ON U
STATE OF ARKANSAS
COUNTY OF W16,
SUKANTHIKOVVURU
ACKNOWLEDGMENT
On this 4 day of i& &q 2023, before me, the undersigned Notary
Public, personally appeared SANJEEVA ONTEDDU, known to me to be the person whose name
is subscribed to the within instrument or sufficiently proved, and acknowledged that he/she had
executed the same for the considerations and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand�arl_official seal.
Notary Public
My Commission Expires:
1 — 11 — 20 3Z-
STATE OF ARKANSAS
COUNTY OF ?wkd`%" k1;
MARTI K MORRISON
Notary Public -Arkansas
Pulaski County
My Commission Expires 01-11-2032
Commission # 12385892
On this A day of I V l a 2023, before me, the undersigned Notary
Public, personally appeared S1 ANTH] KOVVURU, known tome to be the person whose name
is subscribed to the within instrument or sufficiently proved, and acknowledged that he/she had
executed the same for the considerations and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
My Co; mi ii r;Exw 3 -2--
MARTI K MORRISON
Notary Public -Arkansas
Pulaski County
My Commission Expires 01-11-2032
Commission # 12388892
Page 7 of 9
(Instrument# 2023027136 Page 8 of 10
E ' MR . - maVNW -
• :.1T.4C,XN'-,rA MUSHAM
STATE OF ARKANSAS
COUNTY OF N ask i
ARCHANA ARATHI
ACKNOWLEDGMENT
On this 54� day of �I�y 2023, before me, the undersigned Notary
Public, personally appeared CHAITANYA MUSHAM, known to me to be the person whose name
is subscribed to the within instrument or sufficiently proved, and acknowledged that he/she had
executed the same for the considerations and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official sqa .
Notary Public
NN
My Com 'ssion Expires:
2 oG -WO `F STATE OF
ARKANSAS
NOTARY PUBLIC
STATE OF ARKANSAS ) - #12700287
EXPIRES:
FEB, 6, 2027
COUNTY OF r U1 &Sk
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On this day of 2023, before me, the undersigned Notary
Public, personally appeared ARCHA A JARATHI, known to me to be the person whose name is
subscribed to the within instrument or sufficiently proved, and acknowledged that he/she had
executed the same for the considerations and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my h d nd of icia seal.
Notary Pub
My Commission Expires:
97�907 .
Page 8 of 9
STATE OF `
ARKANSAS
NOTARY PUBLIC
#12700287
EXPIRES:
\ FEB. 6, 2027a
nstrument# 2023027136 Page 9 of 10
EXHIBIT A — SURVEY
Page 9 of 9
Instrument# 2023027136 Pacie 10 of 10
OF -LE CIRCLE
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LEGAL DESCRIPTION
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THE WEST 5 FEET OF LOT 43, BLOCK 113 OF CHENAL VALLEY, AN ADDITION TO THE CITY OF LITTLE -
ROCK, ARKANSAS, AS SHOWN ON THE PLAT RECORDED AS INSTRUMENT NUMBER 2022006477 IN THE
RECORDS OF THE CIRCUIT CLERK OF PULASKI COUNTY, ARKANSAS.
AND
THE EAST 5 FEET OF LOT 44, BLOCK 113 OF CHENAL VALLEY, AN ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS, AS SHOWN ON THE PLAT RECORDED AS INSTRUMENT NUMBER 2022006477 IN THE
RECORDS OF THE CIRCUIT CLERK OF PULASKI COUNTY, ARKANSAS.
EXHIBIT A
JOE WHITE & ASSOCIATES, INC.
CIVIL ENGINEERING - CONSULTING SERVICES - LAND SURVEYING
, 25 RAHLING CIRCLE, SUITE A-2 LITTLE ROCK, ARKANSAS 72223
PHONE: (501) 214-9141
DATE: 5-15-23
SCALE: 1" : 40'
JOB NUMBER: 23-008D