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HomeMy WebLinkAboutS-0285-B ApplicationMEMORANDUM TO: Van McClendon FROM: Carroll Ball SUBJECT: Final Subdivision Plats THE RANCH: : : :TRACT L Construction plans have been approved for Ranch Drive. The plans do not provide for sidewalk construction. Sidewalk construction is proposed to be delayed to be combined with building construction on Tract L. As street construction on R/W of Ranch Drive is not complete, some arrangement for assurance ^r of construction is necessary. 2�� Engineering has approved an estimate in the amount of I to be collected and held in -lieu of actual untimely construction of improve- ments along North Katillus Roadr,� ,, /-/ Cc1�) — /Iv-�c,L tea — The drawing is approved with one exception:The legal description in the fifth line from the bottom has A word "Easterly" which surely should be changed to "Westerly". I have related this apparent discrepency to Phil Hawkins. */o e ����-�,,�.��„�+-� fit, � ����l�iu5 ILO. N�••r , A,)f �Of. J, WHITE-OATERS & ASSOCIATES, INC. 401 Victory Street Little Rock, Arkansas 72201 (501 ) 374-1666 Comprehensive Planning City of Little Rock City Hall Little Rock, AR 72201 Gentlemen: It is requested that a Certificate of Final Plat Approval be issued for located in Section T- !T - �� R- 1.-�:• - Little Rock, Pulaski County, Arkansas. Please let us know if there is additional information required. Sincerely, WHITE-DATERS & ASSOCIATES, INC. By: u..P )1r) ' Enclosures: :�Vq/ /v .C��.L.I CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING M THIS INSTRUMENT PREPARED BY: HAL JOSEPH KEMP, P.A. ASCR #78084 KEMP, DUCKETT, HOPKINS & SPRADLEY Attorneys at Law 111 Center Street, Suite 1300 Little Rock, AR 72201 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Ranch Properties, Inc. and Leisure Arts, Inc., hereinafter referred to as the "Allottors", are the owners of the following described land situated in the County of Pulaski State of Arkansas, to -wit: Part of the W 1/2, SW 1/4, Section 13, T-2-N, R-14-W, Pulaski County, Arkansas, more particularly described as: Starting at the Northeast corner of said W 1/2, SW 1/4; thence S 0° 51' 40" W, along the East line of said W 1/2, SW 1/4, 600.0 ft. to the point of beginning; thence S 0° 51' 40" W and continuing along said East line, 721.0 ft. to a point; thence S 0` 01" 16" E and continuing along said East line 279.01 ft. to a point; thence N 89° 43' 57" W, 476.43 ft. to a point; thence Southerly along the arc of a 480.0 ft. radius curve to the right, having a chord bearing and distance of S 16° 08' 01" W, 267.97 ft. to a point; thence S 32 °. 20' 34" W, 363 . 02 ft. to a po,int,; `LL thence Southeasterly along the arc of a -1- BILL OF ASSURANCE 40.0 ft. radius curve to the left, having a chard bearing and distance of S 10° 18' 50" E, 54.21 ft. to a point on the Northerly right-of-way line of Arkansas State Highway No. 10; thence N 52° 58' 15" W along said Northerly right-of-way line, 140.46 ft. to a point; thence Northeasterly along the -are--of- a 40' ft. radius 'curve' -to' the left, having a chord bearing and distance of N 790 41' 09" E, 58.85 ft. to a point; thence N 32° 20' 34" E, 351.53 ft. to a point; thence Northwesterly along the arc of a 420.0 ft. radius curve to the left, having a chord bearing and distance of N 26° 16' 21" W, 717.11 ft. to a point; thence N 84° 53' 11" W, 200.0 ft. to a point; thence Easterly along the arc of a 507.46 ft. radius curve to the right, having a chord bearing and distance of N 80" 26' 23" W, 78.68 ft. to a point; thence N 4 ° 08' 20" W, 460.59 ft. to a point; thence N 85° 51' 40" E. 1243.0 ft. to the point of beginning, containing 21.8176 Acres, more or less. WHEREAS, it is deemed advisable that the above described real property shown on the Plat hereinafter mentioned be subdivided into a building lot and streets as shown on the attached Plat filed herewith, and that the title to said property be held, owned and conveyed subject to the protective and restrictive covenants herein contained, in order to enhance the value of said property. NOW, THEREFORE, -2- BILL OF ASSURANCE W I T N E S. S E T H• The ALLOTTORS, for and in consideration of the benefits to accrue to ALLOTTORS, their successors and assigns, which benefits are hereby acknowledged to be of value, has caused to be made a Plat, filed herewith, prepared by Timothy E. Daters, a Registered Professional Engineer, dated April 3, 1990, showing a survey made by Joe D. White, a Professional Registered Surveyor, bearing a certificate of approval executed by the Little Rock Planning Commission and showing the bounds and dimensions of the property now being subdivided into lots. There are shown on the Plat certain easements for drainage, sewer and utilities, which ALLOTTORS hereby dedicate to and for use by public utilities, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, water and sewer, with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities to use and occupy such easements, and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such sewer and utility services. -3- BILL OF ASSURANCE Furthermore the ALLOTTORS hereby dedicate to the public forever an easement of way on, over and across the streets and right-of-ways as shown by and on said plat, to be used, traveled and maintained as public streets and thoroughfares. The filing of the Bill of Assurance and the Plat for record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and dedication of the aforesaid easements, streets and right-of-ways subject to the limitations herein set forth. ALLOTTORS -,warrant and represent that they have laid off; platted and subdivided, and do hereby lay off, plat k Y i and subdivide the lands herein described, in accordance with the aforesaid plat. The lands described herein and embraced in said Plat, not including the streets and right-of-ways dedicated hereby, shall be forever known as Tract "L", THE RANCH, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS; and any and every deed of conveyance of said tract in said addition describing the _ same by such character shown on said Plat shall always be deemed a sufficient description thereof. PROVIDED HOWEVER AND NOTWITHSTANDING ANYTHING HEREIN CONTAINED TO THE CONTRARY, the lands herein platted and -4- BILL OF ASSURANCE subdivided and any and all right, title, estate and interest therein shall be held, owned and conveyed subject to and in conformity with the following covenants: Section 1. LAND USE AND BUILDING TYPE. The land herein platted shall be held, owned and used only as and for commercial and/or office purposes and any use thereof shall comply with the Little Rock Zoning Ordinances in effect from time to time. Section 2. BUILDING LOCATION. No building or structure shall be located on any lot of this subdivision nearer to the front lot line, any side street line, any interior lot line or rear lot line than the building set back lines shown on the Plat. The terms "building or structure" as used in this Section does not include utility facilities, such as electrical distribution stations, LU -,transformer '"`stations, service' pedestals, cooling facilities, etc., necessary to provide utility services to the Lands herein described, nor does it include improvements to said Lands such as sidewalks, concrete curbings, gutters and storm sewer inlets. Section 3. EASEMENTS. Easements of way for streets -5- 0 BILL OF ASSURANCE as shown on the plat filed herewith have hereby been donated and dedicated to the public, and the persons, firms or corporations engaged in supplying public utility services, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, water and sewer, shall have the right to use and occupy said easements of way and streets for the installation, maintenance, repair and replacement of such utility services. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have herein been reserved, said easements being of various widths, reference being hereby made to the plat filed herewith for a more specific description of width and location thereof. As various utility facilities are buried and installed underground, any alterations or lowering of the surface grade of the ground in any easement and the area immediately adjoining such easements are prohibited, if such alteration or lowering would result in there being less than 43 inches of clearance either vertically or horizontally between the surface grade and the underground electric cables and conductors supplying telephone and electric power service; arid, as the electric distribution transformer stations and service pedestals are located on surface grade, fills within the area of the said easements 0 BILL OF ASSURANCE and upon the lands adjacent thereto which will damage or which will interfere with the installation, maintenance, operation and replacement of the electric and telephone cables, facilities and equipment, and the supplying of service from such equipment are also prohibited. No structures or buildings or similar improvements shall be built, constructed, erected, installed, placed or maintained within the area of such utility easements. No excavations within the area of such easements for the erection of any fences (wood, wire, stone, or brick) or for any other purposes shall be made which would interfere with the installation, maintenance, repair and replacement of any utility service. In the event any trees, incinerators, structures, buildings, fences, pavement or similar improvements shall be growing on or constructed, erected, installed, placed, built or maintained within the area of such easement, no utility will be liable for the destruction of same in the installation, maintenance, repair, or replacement of any utility service located within the area of such easement. Section 4. UTILITIES.' All utilities serving the lands herein described, platted and subdivided shall be installed and maintained in conformity with applicable code -7- BILL OF ASSURANCE requirements and other regulations. r Section 5. PROPERTY LINES AND BOUNDARIES. Iron pins have been set on all lot corners and points of curve, and all lot dimensions shown on curves are curve distances, and all curve _data._ as shown on the attached -p-lat are -centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the attached plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. Section 6. RIGHT TO ENFORCE. The restrictions and covenants herein set forth shall run with the land and shall be and are binding upon the ALLOTTORS, their successors and assigns, and all parties, persons and entities claiming title to or an estate in any part of the lands herein described by, through or under them and said restrictions and covenants shall be taken whole. Moreover, any and all parties, persons and entities owning the land herein described or any part or parcel thereof covenant and agree with any and all owners of the lots hereby restricted and with their heirs, successors or assigns, and with each of them, to conform to and observe all of said restrictions as to the use of said lots and the construction of improvements thereon, but, no- restriction herein set forth -8- -WLL n 'Ll .. W -.0 - ILL BILL OF ASSURANCE shall be personally binding upon any party, person or entity, except in respect to breaches committed during its, his, her, or their seizin of title or possession to said land. In furtherance of the above and foregoing, the ALLOTTORS, their successor or assigns, and also the owner or owners of any of the lots hereby restricted, shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach or to enforce the observance--o-f-;- the restrictions ' herein— "set forth, in addition to ordinary legal action for damages and failure of ALLOTTORS, their successors or assigns, or any owner or owners of any lot or lots in this subdivision, to enforce any of the 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. Section 7. EXTENSION. Each covenant in this Bill of Assurance, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2015. 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 cancelled; provided, however, said covenants may not be modified, terminated or cancelled prior to M BILL OF ASSURANCE January 1, 2015 without the express written consent of Ranch Properties, Inc. Section 8. SEPARABILITY. Invalidation of any restriction set forth herein,, or any part thereof by an Order, Judgment or Decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or ,,A _y part ,thereof as set forth herein, but they, and each of them shall remain in full force and effect. T6 Executed this 2� day of RL 1990. ATTEST: r ATT -+ L RANCH PROPERTIES, INC. BY . e: . ci rca le-- A Leisure Arts, Inc. BY • oil= LITTLE ROCK .iMMUINI BILL OF ASSURANCE ACKNOWLEDGMENT STATE OF ARKANSAS) )ss COUNTY OF PULASKI) On this the .307?� day of /21 z- 1990, before me, a Notary Public of and for the county and state aforesaid, personally appeared E 9- AL-L-is and Qo &r L. 5htJfs who acknowledged themselves to be the 0-r91 a g,4r and Seena.,},G ,/ of RANCH PROPERTIES, INC., and that they, as such officers and, being authorized so to do, executed the foregoing instrument for the consideration, uses and purposes therein contained by signing the name of the corporation by themselves as such officers. IN WITNESS WHEREOF, I hereunto set m hand and official seal on this _ SQMD day of , 1990. f My Commission Expires: -� 9 Notary/Public -11- BILL OF ASSURANCE ACKNOWLEDGMENT STATE OF ARKANSAS) ) ss COUNTY OF PULASKI) On this the 30th day of April , 1990, before me, a Notary Public of and for the county and state aforesaid, personally appeared Steve Patterson and Tort Siebenmorgan who acknowledged themselves to be the President and Secretary of LEISURE ARTS, INC., and that they, as such officers and, being —authorized so to do, * executed * the foregoing instrument for the consideration, uses and purposes therein contained by signing the name of the corporation by themselves as such officers. IN WITNESS WHEREOF, I hereunto set my hand and official seal on this 30th day of April 1990. Not ry Public My. Commission Expires: 8-8-]994 0 -12- This instrument prepared by: HAL JOSEPH KEMP, P.A. ASCR #78084 KEMP, DUCKETT, HOPKINS & SPRADLEY Attorneys at Law 111 Center Street, Suite 1300 Little Rock, AR 72201 RIGHT-OF-WAY DEDICATION GRANT KNOW ALL MEN BY THESE PRESENTS: That Ranch Properties, Inc., an Arkansas corporation, for and in consideration of the benefits accruing to it and to the public generally, does hereby grant and dedicate to the City of Little Rock, Arkansas, for the purposes of a public street and the installation and maintenance of public utilities, a strip of land situated in the County of Pulaski and State of Arkansas, more particularly described as follows, to -wit: Part of the SW1/4, SW1/4, Section 13, T-2-N, R-14-W, Pulaski County, Arkansas, more particu- larly described as: Starting at the Northeast corner of the W1/2, SW1/4, said Section 13; thence S 0° 51' 40" W along the east line of said W1/2, SW1/4, 1321.0 ft. to a point; thence S 0° 01' 16" E and continuing along said east line 279.01 ft. to a point; thence N 89' 43' 57" W, 476.43 ft. to a point; thence Southerly along the arc of a 480.0 ft. radius curve to the right, having a chord bearing and distance of S 16' 08' 01" W, 267.97 ft. to a point; thence S 32' 20' 34" W, 358.0 ft. to a point; thence Southerly -1- RIGHT-OF-WAY DEDICATION GRANT: along the arc of a 40' radius curve to the left, having a chord bearing and distance of S 10' 36' 13" E, 54.52 ft. to a point; thence S 37' 01' 45" W, 5.0 ft. to a point on the Northerly right-of- way line of Arkansas State Highway No. 10; thence N 52° 58' 15" W along said Northerly right-of-way 140.46 ft. to the point of beginning; thence N 37° 01' 45" E, 5.0 ft. to a point; thence Northeasterly along the arc of a 40 ft. radius curve to the left, having a chord bearing and distance of N 79° 23' 20" W, 58.60 ft. to a point; thence S 32° 20' 34" W, 5.02 ft. to a point; thence Southwesterly along the arc of a 40 ft. radius curve to the right, having a chord bearing and distance of S 79' 41' 09" W, 58.85 ft. to the point of beginning, containing 0.0049 Acre, more or less. TO HAVE AND TO HOLD the same unto the said City of Little Rock, Arkansas and unto its successors and assigns forever, for the purpose of a public street and the installation and maintenance of public utilities. IN WITNESS WHEREOF, the signatures of the duly authorized and acting officers of Ranch Properties, Inc. are affixed hereto on this 1 ATTEST: day of May, 1990. Ranch Properties, Inc. -2- LITTLE ROCK PL-UNING RIGHT-OF-WAY DEDICATION GRANT: ACKNOWLEDGMENT STATE OF ARKANSAS) ) ss COUNTY OF PULASKI) On this the �2 2 day of May, 1990,1before me, a Notary Public, personally appeared and .� c: .' c��-�' who acknowledged themselves l ' to be the and--,-��-�-r� of Ranch Properties, Inc., and that they, as such officers and, being authorized so to do, executed the foregoing instrument for the consideration, uses and purposes therein contained by signing the name of the corporation by themselves as such officers. IN WITNESS WHEREOF, I hereunto set my hand and official seal on this 2 day of May, 1990. N❑en�rP"ublic My Commission Expires: S-16-i6 0315R -3- This instrument prepared by: HAL JOSEPH KEMP, P.A. ASCR #78084 KEMP, DUCKETT, HOPKINS & SPRADLEY Attorneys at Law 111 Center Street, Suite 1300 Little Rock, AR 72201 RIGHT-OF-WAY DEDICATION GRANT KNOW ALL MEN BY THESE PRESENTS: That FCC Tract A Partnership, an Arkansas General Partnership, for and in consideration of the benefits accruing to it and to the public generally, does hereby grant and dedicate to the City of Little Rock, Arkansas, for the purposes of a public street and the installation and maintenance of public utilities, a strip of land situated in the County of Pulaski and State of Arkansas, more particularly described as follows, to -wit: Part of the SW1/4, SW 1/4, Section 13, T-2-N, R-14-W, Pulaski County, Arkansas, more particularly described as: Starting at the Northeast corner of the W1/2, SW1/4, said Section 13 ; thence S 0 ° 51' 40" W along the east line of said W1/2, SW1/4, 1321.0 ft. to a point; thence S 0° 01' 16" E and continuing along said East line 279.01 ft. to a point; thence N 89' 4V 57" W, 476.43 ft. to a point; thence Southerly along the arc of a 480.0 ft. radius curve to the right, having a chord bearing and distance of S 16' 08' 01" W, 267.97 ft. to a point; thence S 32° 20' 34" W, 358.0 ft. to the point of beginning; -1- RIGHT-OF-WAY DEDICATION GRANT: thence Southeasterly along the arc of a 40' radius curve to the left, having a chord bearing and distance of S 10° 36' 13" E, 54.52 ft. to a point; thence S 37° 01" 45" W, 5.0 ft. to a point on the Northerly right-of-way line of Arkansas State Highway No. 10; thence Northwesterly along the arc of a 40 ft. radius curve to the right having a chord bearing and distance of N 10' 18' 50" W 54.21 ft. to a point; thence N 32° 20' 34" E, 5.02 ft. to the point of beginning, containing 0.0046 Acre, more or less. TO HAVE AND TO HOLD the same unto the said City of Little Rock, Arkansas and unto its successors and assigns forever, for the purpose of a public street and the installation and maintenance of public utilities. IN WITNESS WHEREOF, the signatures of all of the Partners of FCC Tract A Partnership are affixed hereto on this 2-2- day of May, 1990. ATTEST: FCC Tract A Partnership, BY: Financial Centre Corporation, an Arkansas Corporation, BY: It%r,�r/ �Ul��v. P.t•t Edward K. Willis, President -2- LITTLm r,C C � r.-1 r:r�I �G coU� ,�01 a�tovED RIGHT-OF-WAY DEDICATION GRANT: ATTEST' I 7(, f r Gastroenterology Associates, P.A. Retirement Plans Trust r BY: Ji�Dunlap, AJ ministrator W. Sexton Lewis, M.D., P.A. Profit Sharing Plan and Trust, W. Sexton Lewis, M.. Transfe ccount BY: & i�!W. Sexto Lewis, M.D. Bragg's Electric �C,^,onstruction Co. KWV BY:. O VWilliam E. Clark Urology A Sociates, P.A. Profit Sharing ylan AL A. David Hall FC Properties, Inc. L BY: l� ��l� 1'�� IL' - , PA--S Edward K. Willis -3- RIGHT-OF-WAY DEDICATION GRANT: ACKNOWLEDGMENT STATE OF ARKANSAS) ) ss COUNTY OF PULASKI) On this the day of May, 1990, before me, a Notary Public, personally appeared Jim Dunlap who acknowledged himself to be the Administrator of Gastroenterology Associates, P.A. Retirement Plans Trust, and that as such Administrator, and being authorized so to do, executed the foregoing instrument for the consideration, uses and purposes therein contained by signing the name of the Trust by himself as such Administrator. IN WITNESS WHEREOF, I hereunto set my hand and official seal on this o�Ac.k day of May, 1990. t, Notary Public My Commission Expires: -5- RIGHT-OF-WAY DEDICATION GRANT: ACKNOWLEDGMENT STATE OF ARKANSAS) )ss COUNTY OF PULASKI) ll III - On this the vl day of May, 1990, before me, a Notary Public, personally appeared W. Sexton Lewis, M.D., who acknowledged himself to be the Owner of the W. Sexton Lewis, M.D., P.A. Profit Sharing Plan and Trust, W. Sexton Lewis, M.D. Transfer Account and that he executed the foregoing instrument for the consideration, uses and purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal on this day of May, 1990. Notarc' blic f My Commission Expires: RIGHT-OF-WAY DEDICATION GRANT: ACKNOWLEDGMENT STATE OF ARKANSAS) )ss COUNTY OF PULASKI) On this the �P 1 day of May, 1990, before me, a Notary Public, personally appeared William E. Clark, who acknowledged himself to be the Proms k o Q.r\t of Bragg's Electric Construction Co., and that as such ()-R-lCe (L and, being authorized so to do, executed the foregoing instrument for the consideration, uses and purposes therein contained by signing the name of the company as such U� c e ►2 IN WITNESS WHEREOF, I hereunto set my hand and official seal on this o I day of May, 1990. My Commission Expires: ZY**\MCk .9) 1 1qq l BAZ n ctc, C . W cIff Notary Public —7— RIGHT-OF-WAY DEDICATION GRANT: ACKNOWLEDGMENT STATE OF ARKANSAS) ) ss COUNTY OF PULASKI) On this the Z day of May, 1990, before me, a Notary Public, personally appeared A. David Hall who acknowledged himself to be the Administrator of Urology Associates, P.A. Profit Sharing Plan, and that as such Administrator, and being authorized so to do, executed the foregoing instrument for the consideration, uses and purposes therein contained by signing the name of the Trust by himself as such Administrator. IN WITNESS WHEREOF, I hereunto set my hand and official seal on this day of May, 1990. �/lam.�� Notary Public My Commission Expires: RIGHT-OF-WAY DEDICATION GRANT: ACKNOWLEDGMENT STATE OF ARKANSAS) ) ss COUNTY OF PULASKI) On this the 2�,A 11.4. day of May, 1990, before- me, a Notary Publicpersonally appeared and �'. i -�%? , who acknowledged themselves to be theand of Financial Centre Corporation, and that they, as such officers and, being authorized so to do, executed the foregoing instrument for the consideration, uses and purposes therein contained by signing the name of the corporation by themselves as such officers. IN WITNESS WHEREOF, I hereunto set my hand and official seal on this oq day of May, 1990. z"'VL Notar blic 47 My CommisSJLOn Expires: S-lj-9 -4- RIGHT-OF-WAY DEDICATION GRANT: ACKNOWLEDGMENT STATE OF ARKANSAS) ) ss COUNTY OF PULASKI) On this the _t day of May, 1990, before me, a Notary ,Pu bli c, personally appeared Edward K. Willis and f''�T f ail, who acknowledged themselves to be the President and of FC Properties, Inc., and that they, as such officers and, being authorized so to do, executed the foregoing instrument for the consideration, uses and purposes therein contained by signing the name of the corporation by themselves as such officers. IN WITNESS WHEREOF, I hereunto set my hand and official seal on this day of May, 1990. gotalrVublic My Commission Expires: 15- 9 6 CITY OF LITTLEROCK NO. OFFICE OF COMPREHENSIVE PLANNING FILING FEES Little'Rbck,,Ark. y Z1 19 Rezoning Application . . . . . . . . . . . . . . $ Board of Adjustment Application. . . . . . . . . $ Preliminary Plat . . . . . . . . . . . . . . . . $ Final Plat . . . . . . . . . $ Street Name Signs: No. Signs At Ea. $ TOTAL $ 2 '9' y F i 1 e No Address., A p p 1A c'a:n t