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HomeMy WebLinkAboutS-0033-A Application93 149:15 REPLAT AND AMENDMENT TO BILL OF ASSURANCE TO THE PUBLIC: WHEREAS, the CITY OF LITTLE ROCK, ARKANSAS, a municipal corporation (the "City"), and JOHN MANEELY COMPANY, a Pennsylvania corporation ("John Maneely"), are the sole owners of the property described on the attached Exhibit A which is incorporated herein (the "Property"); and WHEREAS, the City and John Maneely (collectively "Grantors") have caused the Property to be surveyed by James L. Phillips, a Registered Professional Engineer, and a plat thereof made and identified by the title of "Tract "D-A" and Tract "D-B" Little Rock Port Industrial Park, a Replat of Tract "D" and Part of Area 103, Little Rock Port Industrial Park" and dated T- /L� , 199?, and by the signature of said engineer and the Grantors, bears a certificate of approval -executed by the Little Rock Planning Commission, and is on record in the office of the Circuit Clerk and Ex- fficio Recorder of Pulaski County, Arkansas, in Plat Book at page Z47 (the "Replat"); and WHEREAS, the Grantors, and the persons and entities signing below (the "Port Industrial Park Owners") are the owners of more than three -fourths (3/4) of the area in the Little Rock Port Industrial Park described in: (1) that certain Bill of Assurance dated December 16, 1971, and recorded December 16, 1971, in the records of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in Record Book 1175, at page 543, and (2) that certain Amendment of Bill of Assurance dated July 13, 1977, and recorded July 13, 1977, in the records of the Circuit Clerk and r w Ex-Officio Recorder of Pulaski County, Arkansas, as Instrument No. 77-01316, and (3) that certain dated January 1978, in the Ex-Officio a, Arkansas, as Amendment to Bill of Assurance Z, 24, 1978, and recorded March 20, , records of the Circuit Clerk and M;:>` Recorder of Pulaski County, �m� Instrument No. 78-10288, and Mat certain Plat and Bill of Assurance dated s 0, ,; 4 �,3'fpe 18, 1984, and recorded June 19, 1984, in + o� records of the Circuit Clerk and Ex - CO a co w C-7) 0 r rj Officio Recorder of Pulaski County, Arkansas, as Instrument No. 84-37604, and (5) that certain Amendment to Bill of Assurance dated December 31, 19901 and recorded on January 3, 1991, in the records of the Circuit Clerk and Ex-Officio Recorder -of Pulaski County, Arkansas, as Instrument No. 91-00331, (collectively, the "Bill of Assurance"); and WHEREAS, the Grantors and the Port Industrial Park Owners desire -to amend the Bill of Assurance, but solely as it relates to the side setback requirements on the Property. NOW, THEREFORE, the Grantors do hereby certify that they have replatted the Property in accordance with the Replat; the lands embraced in said Replat shall be forever known as designated in said Replat; and every deed of conveyance for said Property shall use this designation; which Replat and Amendment to Bill of Assurance have been consented to and approved by the Grantors and the Port Industrial Park Owners, as evidenced by their execution hereof, as required by the Bill of Assurance. The filing of this Replat and Amendment to Bill of Assurance for record in the office of the Circuit Clerk and Ex -Off icio Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and dedication of -the streets and easements shown on said Replat. All structures on said lots shown on the Replat shall not be located nearer to the property lines than the building lines shown on the Replat, and all structures shall be constructed in conformance with the Building Code and Zoning Ordinances of the City of Little Rock, Arkansas. The Property herein replatted and any interest therein shall continue to be owned, held and conveyed subject to and in conformity with the covenants and restrictions contained in the Bill of Assurance, except that the side setback requirements shall be as shown on the Replat, as to the Property only and as to no other property subject to the Bill of Assurance. This Replat and Amendment to Bill of Assurance may be separately executed by the parties, and when the owners of more than three -fourths (3/4) of the area in the Little Rock Port -2- Industrial Park have signed a counterpart, this Replat and Amendment to Bill of Assurance shall be effective. IN WITNESS WHEREOF, this Riplat and Amendment to Bill of Assurance is executed as of this-[ _ day of 1993. GRANTORS-: CITY OF LITTLE ROCK, ARKANSAS JOHN MANEELY COMPANY, a Pennsylvania corporation By:� ft., � _. Name: 643//: pan., Title: PORT INDUSTRIAL PARR OWNERS: By* (1�G " 1 Name: 10/.4 AJ Title: 'h(' o /ll�� By: Names Title: By: Name: WIQ,I,�,� z-reif Title • . ? - -3- PORT INDUSTRIAL PARR OWNERS [Continued]: I& O C o c, ►< Y n y S-T C O By: Name: A c Title: Ca�TRo�c.i R By: Name • e7-..�� fy'J c Title: G ti, IN j-W . �. By: 76 Name, 7' Title: N I-r- By: Name: Title: By: Name: Title: [Acknowledgments Follow. -4- Industrial Park have signed a counterpart, this Repl.at and Amendment to Bill of Assurance shall be effective. IN WITNESS WHEREOF, this Re and Amendment to Bill of Assurance isexecuted as of this � t3. day of ���,UL. 1993. GRANTORS: CITY OF LITTLE ROCK, ARRANSAS JOHN MANEELY COMPANY, a Pennsylvania corporation Name: Title:_ 6'^0UP Vfc.- PORT INDUSTRIAL PARR OWNERS: By: Name: Title: �X S i /Rue5 �: i'�sr[i.►� By: Name: CmldeeSS Title: /P".,/ By: Name: Title: -3- Industrial Park have signed a counterpart, this Replat and Amendment to Bill of Assurance shall be effective. IN WITNESS WHEREOF, this Rep and Amendment to Bill of Assurance is executed as of this � day of _��L. 1992. GRANTORS: CITY OF LITTLE ROCK, ARKANSAS JOHN MANEELY COMPANY, a Pennsylvania corporation By:_A'L -"I '� ` Name: L . kee r Title: w ,eG PORT INDUSTRIAL PARK OWNERS: R t G _SL-0MT- & By: Name:/�a- Title: prtGs►o��T By: Name: Title: By: Name: Title: -3- STATE OF ARKANSAS ss: ACKNOWLEDGMENT COUNTY OF On this day, before me, the undersigned, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named JjM ,�rg,1ex , to me personally well known, who stated that he was the NtAyaR of THE CITY OF LITTLE ROCK. ARKANSAS, a municipal corporation, and that he was duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that he had so,signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have h seal this day of , Marc.h� Iggl,/ ray Commission Expires: Commission Expires May 18,1999. (S 'E A L) STATE OF COUNTY OF to set my W, lic and official ss: ACKNOWLEDGMENT On this day, before me, the undersigned, a Notary Public, duly commissioned, qualified and acting, within an for said County and State, appeared in person the within named �� /�/Aivi � . 1e2 r n.�, to me personally well known, who stated that he was the 0, r%wb 0 c 7--Po - of JOHN MANEELY COMPANY, a Pennsylvania corporation, and that he was duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have her seal this `day of , F3�� Iqj -Expires: S'- �"II l... ids 00, et my hand and official Notary Public STATE OF ARKANSAS 7 ss: COUNTY OF PULASKI ) ACKNOWLEDGMENT On this day, before me, the undersigned, a Notary Public, duly commissioned, qualified and acting, within a. for said Co my and State, appeared in person the within named to me personally well known, who stated that he was tt�e FQ �' of �d a 51 corporation, and that he was duly auth6rized in that capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have h seal this _Lj�h day of ,+ V, 8. B `' �t�f off'' k,ytiA• =r`° oCfW*i c9a, Expires: i N Art/ V D,/ U HtW% a-'r I�) a ARKAPi SAS COUNTY OF PULASKI set my hand and official Notary Pub ss: ACKNOWLEDGMENT On this day, before me, the undersigned, a Notary Public, duly commissioned, qualified and acting, within d for said County and State, appeared in person the within named i &) t me pe so a ly well known, who ptated at he as the corporation', and th t he was duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTI;+IONY WHEREOF, I have her set m hand and official seal this day oFt f Notary Publi 4 _ Expires: �. ,. STATE OF ARKANSAS ) ss: ACKNOWLEDGMENT COUNTY OF PULASKI ) On this day, before me, the undersigned, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named , to me personally well known, who stated that he was the co poration, and that he was duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have seal this JIday of A_on Expires: •10 '•i 4=ARKANSAS PULASKI ss: my hand and official Notary Publ ACKNOWLEDGMENT On this day, before me, the undersigned, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named 10 /9 !,oC- �< , to me personally well known, who stated that he was the Co.�•r1ecL-L-d-/� of 91,70CaG;<� U j/Z-Gox S7— C„C2 a corporation, and that he was duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have here st my hand and official seal this day of �r,� ,.0 0� •.•SC�� Notary Publi Vrgidon Expires: ryOy►I IIIrNsW1' STATE OF ARKANSAS ss: ACKNOWLEDGMENT COUNTY OF PULASKI on this day, before me, the undersigned, a Notary Public, duly commissioned, qualified and acting, within aV for said Co my and State, appeared in person the within named to me personally well known, who sta d that he was the Cam, 7'Ji - of �wc�..-r �1 �r.9c5, Drw /91,o .4[f 1,�ea corpolration, and that he was duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TEST.JMONY WHEREOF, I have seal this day of. aRA ;\ t �?Rr��`��•' �sc';��•'s ` i�j; r��a z Expires: 41.• - SFv�4:'ARKANSAS ) my hand and official Lo 4��3 r Notary Public ) ss: ACKNOWLEDGMENT COUNTY OF PULASKI ) On this day, before me, the undersigned, a Notary Public, duly commissioned, qualified and acting, within arAd for i County and State, appeared in person the within named , to me personally well known, ❑ staTerd-tha'T he Vas the Madud2sd, of 4 aa99,9C . , a corporation, and that he was duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTONY WHEREOF, I have h seal this day of t srVion Expires: ft g �_\�B SA L) rr�'i t4' - ..... •' L• j • — 7 — my hand and official ry Yi;piac STATE OF ARKANSAS } ss: ACKNOWLEDGMENT COUNTY OF PULASKI ) On this day, before me, the undersigned, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named -pa bc!' % �;l ( ;JCCR_ to me personally well known, who stated that he was 'the � c E?4 �'fe Zl c' N ��' . �? of t _ rl ° lC' L �' G e c 1 Ri c C_ o a corpa ation, and that he was duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. *.' JIN tB$TIMONY WHEREOF, I have here, day of ' 3 Expires: L ) STATE OF ARKANSAS ) ss: COUNTY OF PULASKI ) t my hand and official Notary Public ACKNOWLEDGMENT On this day, before me, the undersigned, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named , to me personally well known, who stated that he was the of , a corporation, and that he was duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so 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 official seal this day of December, 1992. My Commission Expires: (S E A L) -8- Notary Public STATE OFdz �/ ss: ACKNOWLEDGMENT COUNTY OF On this day, before me, the undersigned, a Notary Public, duly commissioned, qualified and acting, within nd for said County and State, appeared in person the within named . , to me personally well known, who stated that h%,,, the 2YI�,., of CPS Z�rt�,.-� -.vc_ , L". , a cl corporation, and that he was duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTI�ONY WHEREOF, I have her o set my hand nd ❑ f icial seal this 1. S day of 1� J Expires: -1- D a-- %AGC �r� 14 Y 'r 4 17 +�T IJ�iiF l l N Notary Public ss: ACKNOWLEDGMENT COUNTY OF On this day, before me, the undersigned, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named to me personally well known, who stated that he was the of 11 a corporation, and that he was duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had, so 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 official seal this day of December, 1992. Notary Public My Commission Expires: (S E A L) -7- 93 149 �S STATE OF 0"LQ*3/ A-) r.) ss: ACKNOWLEDGMENT COUNTY OF S E� On this day, before me, the undersigned, a Notary Public, duly commissioned, qualified and acting, withi d for said County and State, appeared in person the within named tie personally well known, who stated that he was the ti 7"S` of a corporation, and that he w s duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTI ONY-WHEREOF, I have hereunto s my h nd an official seal this .2 day of ��-, 199X.3,`j')N Notary Public V My Commission Expires: OFFICIAL SEAL (S E A L) s l M. Wilson UBLIC-CALIFORNIA GELES COUNTY Expires Oct. 27, ISW STATE OF ) ss: ACKNOWLEDGMENT COUNTY OF On this day, before me, the undersigned, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named , to me personally well known, who stated that he was the Of f a corporation, and that he was duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so 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 official seal this day of December, 1992. My Commission Expires: (S' E A L) M= Notary Public H. MAURICE MITCHELL. RICHARD A WILLIAMS P A LAW OFFICES JOHN S. SELIGMITG=ET,, WILLIAMS, SELIG, GATES & WOODYI3D A JOSEPH W. GELZINE W. CHRISTOPHER BARRIER BYRON FREELAND ALLAN GATES* WILLIAM H. L. WOODYARD, III. P.A. M ICHAEL C. O'MALLEY JOHN C. LESSEL DOAK FOSTER JEAN D. STOCKBURGER ANNE RITCHEY EDWIN F. JACKSON SHERRY P. BARTLEY CRAIG WESTBROOK SUSAN GORDON GUNTER R. T. BEARD, III W. KIRBY LOCKHART MARCELLA J. TAYLOR ARK MONROE, III* C. NICHOLAS THOMPSON FREDERICK K. CAMPBELL ROBERT M. EUBANKS III WALTER G. WRIGHT, JR. LYN PEEPLES PRUITT T. SCOTT CLEVENGER 320 WEST CAPITOL AVENUE, SUITE 1000 ISTTLE Rocx, AuK"sAs 72201-3525 TELEPHONE 501-688-8800 TELEFAx 501-688-8807 142o NEw Yon$ Avrj.=, N.W, SUITE 750 WAsBm.TGTON, D.C. 20005-2122 TELEPHONE 202-347-4500 TE=AX 202-347-7500 By Hand Deliver 130 WEST CmgmRAm AvmmE POST OFFICE BOX 658 BENTONvi=,A UTANSAS 72712-0658 TELEPHONE 501-273-9561 TELEFAx 501-273-0527 WEITEn'S DIRECT DIAL. (501) 688-8877 March 5, 1993 Mr. Richard Wood Department of Neighborhoods and Planning 723 West Markham Little Rock, Arkansas 72201 Re: Replat of Tract D and Part of Area 103, Little Rock Industrial Park Dear Richard: Enclosed are the following: LANCE R. MILLER WILLIAM L. MASSEY WYLIE D. CAVIN III ERNEST G. LAWRENCE RICHARD L. ANGEL EVERETTE L. MARTIN JEFFREY H. THOMAS STUART P. MILLER PHILLIP A. PESEK ABRAHAM W. BOGOSLAVSKY DONALD L. PARKER II CHRISTOPHER T. ROGERS SHEILA E. FREEMAN AMELIA MOSLEY RUSSELL RHONDA M. WHEELER STACEY ALLISON DEWITT MARSHALL S. NEY MARSHA T. FOSTER TINA EUBANKS McKELVY COUNSEL EDWARD B. DILLON, JR. LICENSED IN DISTRICT OF COLUMBIA AND ARKANSAS ALL OTHERS LICENSED IN ARKANSAS 1. Final Plat, certified by a Registered Engineer, showing the legal description, acreage, and the appropriate certificates; and 2. Replat and Amendment to Bill of Assurance with signature pages and notary acknowledgments attached. Please have the appropriate City official execute the Replat and Amendment to Bill of Assurance and the Final Plat, and then file it with the Circuit Clerk. I would appreciate receiving a file -marked copy of the document after it is recorded. If you need additional information, please do not hesitate to call me. I appreciate your help. Very truly yours, MITCHELL, WILLIAMS, SELIG, GAT W bDYARD B EvIteL. Martin ELM/jm Enclosures cc: Jim Lawson (w/o enc.) William L. Kerins, Vice President (w/o enc.) Garver+Garver Garver & Garver, P. A. Engineers Eleventh and Battery Streets P.O. Box C-50 Little Rock, Arkansas 72203-0050 501-376-3633 November 16, 1987 Mr. Vann McClendon Office of Comprehensive Planning City Hall Little Rock, AR 72202 Re: Final Plat Tract D Area 103 Little Rock Port Industrial Park Dear Vann: Enclosed is one copy of the above referenced final plat. I am in the process of circulating the plat through the utility companies for their easement approvals. I have submitted one copy to Mr. Carroll Ball for his approval. We will be forwarding you a copy of the bill of assurance as soon as it is available. If you have any questions or need additional information, please give us a call. Sincerely, GARVER+GARVER, P.A. Steven L. Haynes, P.E. /dh.wp Enclosures (64-2600)