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HomeMy WebLinkAboutS-0285-K(4) Application2013082341 Received: l V1412013 10.42:04 At,! Recorded: 11M412013 10.50.53 AM Filed & Recorded in Official Records of Larry Crane, PULASKI COUNTY CIRCII#71COUNTY CLERK Fees $45,00 BILL OF ASSURANCE M TRACTS L1-R, L2-R AND L3-R OF THE RANCH KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Baptist Health, (hereinafter called "Developer") and Professional Property Company, LLC, (hereinafter called "PPC") are the owners of the property located in the City of Little Rock, Arkansas and described on Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, Developer is the owner of the portion of the property to be platted as Tracts L1-R and L2-R, and PPC is the owner of the property to be platted as Tract L3-R; and WHEREAS, it is deemed advisable that all of the property shown on the plat hereinafter mentioned, be subdivided into tracts as shown on the plat filed herewith and that said property be held, owned and conveyed subject to the covenants herein contained. NOW THEREFORE, Developer, with respect to the property to be platted as Tracts L1- R and L2-R, and PPC, with respect to the property to be platted as Tract L3-R, for and in consideration of the benefits to accrue to it, their respective successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat, showing a survey made by Paul M. White, Registered Land Surveyor dated, and bearing a Certificate of Approval executed by the Planning and Development Department of the City of Little Rock, and showing the boundaries and dimensions of the property now being subdivided into tracts (the "Plat"), being a replat of TRACT "L", THE RANCH, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS ("Tract L"), and a platting of certain unplatted property included in the property described on Exhibit A. There are shown on said plat certain easements for drainage and/or utilities which Developer, with respect to the property to be platted as Tracts L1-R and L2-R, and PPC, with respect to the property to be platted as Tract L3-R, hereby donates and dedicates to and for the use of public utilities, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, water, sewer and cable television 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 utility services. This Instrument Was Prepared by: Gregory B. Graham 9601 I-630, Exit 7, Little Rock, Arkansas 72205-7299 The filing of this Bill of Assurance and Plat for record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the easements subject to the limitations herein set out. The lands embraced in the Plat shall be forever known as "Tracts 1L-R, 2L-R, and 3L-R, of The Ranch, an Addition to the City of Little Rock, Arkansas," and any and every deed of conveyance of any such tract describing the same by the number shown on said Plat shall always be deemed a sufficient description thereof. Said lands herein platted and any interest therein shall be held, owned and conveyed subject to and in conformity with the following: 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. 2. Setback Requirements. All buildings built on any Tract shall comply with the setback restrictions imposed upon the Tract in the Plat. All buildings constructed on the Tracts shall be constructed no nearer to the street than the building line shown on the Plat, and all buildings shall be constructed in conformance with the Building Code and Zoning Ordinances of the City of Little Rock, Arkansas. The terms "building or structure" as used in this paragraph does not include utility facilities, such as electrical distribution stations, transformer stations, service pedestals, cooling facilities, etc., necessary to provide utility services to the Tracts herein described, nor does it include improvements to said Tracts such as sidewalks, concrete curbings, gutters and storm sewer inlets. 3. Easements for Public Utilities and Drainage. 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; and, as the electric distribution transformer stations and service pedestals are located on surface grade, fills within the area of the said easements 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 , BILL OF ASSURANCE TRACTS L1-R, L2-R AND L3-R OF THE RANCH PAGE 2 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. 4. Utilities. All utilities serving the lands herein described, platted and subdivided shall be installed and maintained in conformity with applicable code requirements and other regulations. 5. PropertyPropprty Lines and Boundaries. Iron pins have been set on all Tract corners and points of curve and all Tract dimensions shown on curves are chord distances, and all curve data as shown on the Plat filed herewith is centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the Plat and actual dimensions and distances as disclosed by the established pins, the pins as set shall control. 6. Ripffit To Enforce. The restrictions and covenants herein set forth shall run with the land and shall be and are binding upon the Developer, with respect to the property to be platted as Tracts L1-R and L2-R, and PPC, with respect to the to be platted as Tract L3-R„ their respective 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 Tracts hereby restricted and with their heirs, successors or assigns, and with each of them, to conforin to and observe all of said restrictions as to the use of said Tracts and the construction of improvements thereon, but, no restriction herein set forth 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 Developer, with respect to the property to be platted as Tracts L1-R and L2-R, and PPC, with respect to the property to be platted as Tract L3-R, their respective successors or assigns, and also the owner or owners of any of the Tracts 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 of, the restrictions herein set forth, in addition to ordinary legal action for damages and failure of Developer with respect to the property to be platted as Tracts Ll-R and L2-R, and PPC, with respect to the property to be platted as Tract L3-R, their respective successors or assigns, or any owner or owners of any Tract or Tracts 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. 7. Prior Bill of Assurance. The property comprising Tract L is subject to that certain Bill of Assurance executed by and between Ranch Properties, Inc. and Leisure Arts, Inc. on the Is` day of April, 1990, and filed of record on the 24th day of May, 1990, as Instrument No. 90-27248, records of Pulaski County, Arkansas (the "Prior Bill"). Nothing herein shall be deemed to terminate or cancel such Prior Bill. BILL OF ASSURANCE TRACTS Ll-R, L2-R AND L3-R OF THE RANCH PAGE 3 8. Term. 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 by Developer; provided, however, said covenants may not be modified, terminated or cancelled prior to January 1, 2015 without the express written consent of Ranch Properties, Inc. 9. Severability. 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 any part thereof as set forth herein, but they and each of them shall remain in full force and effect. EXECUTED this 1� day of November, 2013. Baptist Health By:Pd Russ 1 D. Harrington, Jr., Pr ent Professional]4�perty Company, LLC r 1.01 By: J -� ` Sam N. Winstea ds Reviewad onty 10, In '43cn cf mini nutn,trnr„dar required by C-* 0i1Y of Lt''8 nW;c saisdiv1s16n r..; 611Z.�'rs Bill of Assuranca P'o=, isia^a C tftb lS 10+' Gy lii ys �u'0t 01'z ct 3 developer may e;.c2err,ztr'�:�'n r.: �dinan= $ p,,c subcilvisian and toning o. t� I - 3 q 1e Rock PlanningpMO' ssi4n BILL OF ASSURANCE TRACTs Ll-R, L2-R AND L3-R OF THE RANCH PAGE 4 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named Russell D. Harrington, Jr., to me personally well known, who stated he was the President of Baptist Health and was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said Baptist Health, and further stated and acknowledged that he had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. 11111111111//// WI ESS my hand and sea on this �'4 day of _ _ Z, �2VI 3 y1�('�'�•,,;��� Notary Public IV o%! My Commission Expires: c2 ' ACKNOWLEDGMENT r�''''►++n n Ill►'''��� STATE OF ARKANSAS COUNTY OF PULASKI On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named Sam N. Winstead, to me personally well known, who stated he was the of Professional Property Company, LLC and was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said Professional Property Company, LLC, and further stated and acknowledged that he had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. WI S S my hand and .,c-,on this �'' day of , 2013. F 19-- Notary Public '''llllllll My Commission Expires: %—�w —Z Z� ��a��38z9@ j •, 01NR pubo BILL OF ASSURANCE TRACTs L1-R, L2-R AND L3-R OF THE RANCH PAGE 5 Exhibit A The Property subject to this Bill of Assurance is described as follows: TRACT L1-R PART OF THE W1/2 SWIA OF SECTION 13, T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS, (INCLUDING PART OF TRACT L, THE RANCH, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS), AND PART OF THE NE1/4 SEIA, SECTION 14, T- 2-N, R-14-W, PULASKI COUNTY, ARKANSAS, MORE PARTICUARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT L, THE RANCH; THENCE S850-51'40"W ALONG THE NORTH LINE OF SAID TRACT L, 367.74 FT. TO THE POINT OF BEGINNING; THENCE S40 56'17"W, 359.25 FT.; THENCE S07°30'11 "W, 345.47 FT. TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF RANCH DRIVE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING: (1) NORTHWESTERLY ALONG THE ARC OF A 480.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N66°32'54"W, 302.03 FT.; (2) N84°53'11"W, 200.00 FT.; (3) NORTHWESTRLY ALONG THE ARC OF A 447.46 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N64 26'15"W, 312.69 FT. AND (4) N43-59'15"W, 582.29 FT.; THENCE N37°05'34"E, 273.53 FT.; THENCE N50°36'49"E, 206.20 FT.; THENCE S12°05'41"E, 49.00 FT,; THENCE S50°25'25"E, 662.93 FT. TO A POINT ON THE NORTH LINE OF SAID TRACT L; THENCE N85051'40"E ALONG SAID NORTH LINE, 599.24 FT. TO THE POINT OF BEGINNING, CONTAINING 14.6189 ACRES MORE OR LESS. TRACT L2-R PART OF TRACT L, THE RANCH, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, LOCATED IN THE W1/2 SWIA OF SECTION 13, T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT L, THE RANCH; THENCE S00051'40"W ALONG THE EAST LINE OF SAID TRACT L, 589.43 FT.; THENCE SOUTHERLY CONTINUING ALONG SAID EAST LINE BEING THE ARC OF A 1071.74 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S10000'28"W, 150.01 FT.; THENCE S89°41'52"W, 143.61 FT.; THENCE N48°55'30"W, 268.14 FT.; THENCE S41 °09'43 "W, 260.17 FT. TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF RANCH DRIVE; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE BEING THE ARC OF A 480.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N3909'34"W, 151.03 FT.; THENCE N07°30'11 "E, 345.47 FT.; THENCE N40°56'17"E, 359.25 FT. TO A POINT ON THE NORTH LINE OF SAID TRACT L; THENCE N85°51'40"E ALONG SAID NORTH LINE, 367.74 FT, TO THE POINT OF BEGINNING, CONTAINING 8.5325 ACRES MORE OR LESS, TRACT L3-R PART OF TRACT L, THE RANCH, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, LOCATED IN THE W1/2 SW1/4 OF SECTION 13, T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BILL OF ASSURANCE TRACTS L1-R, L2-R AND L3-R OF THE RANCH PAGE 6 BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT L, THE RANCH; THENCE N89043'57"W ALONG THE SOUTH LINE OF SAID TRACT L, 446.43 FT. TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF RANCH DRIVE; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE BEING THE ARC OF A 480.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N15005'29"W, 248.74 FT.; THENCE N41009'43"E, 260.17 FT.; THENCE S48055'30"E, 268,14 FT.; THENCE N89°41'52"E, 143.61 FT. TO A POINT ON THE EAST LINE OF SAID TRACT L; THENCE SOUTHERLY ALONG SAID EAST LINE BEING THE ARC OF A 1071.74 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S0259'13"W, 112.47 FT.; THENCE S00°01'16"E CONTINUING ALONG SAID EAST LINE, 150.38 FT. TO THE POINT OF BEGINNING, CONTAINING 3.5413 ACRES MORE OR LESS. BILL OF ASSURANCE TRACTS Ll-R, L2-R AND L3-R OF THE RANCH PAGE 7 r - - - — •s. cx .r.-�s.abs ~ -- i .rn Rj = % `♦♦ I 3 ! I I ♦ >tySa i' �..� a @•� � � T I � iS ��4, ,�1 _ — g eiss$ Dor Lip i I �S rrpr Y$ f7c o '� WIN4E-3@eq� C9 d &g�'E gig�- i •r.rp „2 yg I I� a e>� iy a i3 l7i:g�� IN �ii�yFA�� ly gi��@; 3 I I �j I � a 2� ���•-"1��Y it �`�� .�i�'?3lfie�r y a it ,afX it � _:� � ri4 �rvll3 �a Y I� ,�e ' P@ ° d �_ of 011, oil YRIM����� _ ` 5 O � � 59 J m y Plat Approval: Tracts L 1-R, L2-R & L3-R The Ranch Page 1 of 1 Plat Approval: Tracts Li-R, 1-2-11 & 1-3-11 The Ranch Tamara Guffey [tguffey@whitedaters.com] Sent: Monday, October 28, 2013 3:11 PM To: Jim Boyd Dim.boyd@lrwu.com]; Daniel Tull [Daniel.Tull@carkw.com]; THOMPSON, THEODIS [TTHOMPI@entergy.com]; Bates, Joni B. Doni.bates@centerpointenergy.com]; NAJI, ALLISON V [an0142@att.com] Cc: James, Donna; Floriani, Vince; Harper, Vance; Paul White [pwhite@whitedaters.com]; Brian Dale [ bdale@wh itedaters. com] Attachments: Tr LI-R-1-311 The Ranch.PDF (431 KB) Attached for your review and approval is a final plat copy of Tracts L1-R, L2-R & L3-R The Ranch, Little Rock. The owner of this property would like to file this plat by Friday, November 8th. An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will have one sent to you without delay. Any questions may be directed to Paul White at; 7white@whitedaters.com or 821-1667. We appreciate your timely response. Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 https : //itvemailhub.littlerock. state. ar.us/owa/?ae=Item&t=IPM.Note&id=RgAAAAAJrV 3 ... 10/29/2013 CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS NAME —THE RANCH M-R, L2-R & L3-R INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certain Improvements remain uncompleted and a punch list has been prepared and sent. Engineering Specialist Date: ADDRESSING SPECIALIST'S REPORT I have reviewed the plat and find that the street names and street configuration are acceptable. Addressing Specialist TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: Date: All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. Work orders have been prepared for signage and street lights. Indicate the number of street signs ordered for this plat for billing to developer Certain improvements remain uncompleted and a punch list has been prepared and sent. Y•�� Traffic Engineer Date: CIVIL ENGINEER REPORT I have reviewed the file for this matter and find that: The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. All other requirements for final plat approval have been satisfied. Civil Engineer I/II Date: i I I C4113 SURVEYOR'S REPORT I have reviewed the plat and find that: X, All requirements for final plat approval have been satisfied. Surveyor Date: // /e-1— 20/-3 MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. Yam-� .9 2`�'"� Date: Design Review Engineer/Civil Engineering Manager November 14, 2013 XFINITY Connect http://web.mail.comcast.net/zimbra/h/printmessage?id=559163 &tz=... XFINITY Connect brianwinstead@comcast.net + Font Size - RE: Street improvement estimates From : Vince Floriani <VFloriani@littlerock.org> Wed, Nov 13, 2013 02:48 PM Subject : RE: Street improvement estimates To : 'brianwinstead@comcast. net' <brianwinstead@comcast. net> Brian, I am OK to accept a cashier's check(s) in the amount of $75,000. As I said some or a portion of the payment could possibly be replaced in the future by the new owner. Vince Floriani, P.E. Little Rock Public Works -Civil Engineering 701 W. Markham St. Little Rock, Arkansas 72201 501-371-4817 From: brianwinstead@comcast.net [mailto:brianwinstead@comcast.net] Sent: Wednesday, November 13, 2013 11:48 AM To: Floriani, Vince Subject: Fwd: Street improvement estimates Vince, Please see the attachment for your review. Let me know if you have any questions, comments or changes. Thank you, Brian Brian Winstead President Winstead Properties Professional Leasing NBM, Inc. 11125 Arcade Drive, Suite A Little Rock, AR 72212 501-227-0600 (office) 501-580-9996 (mobile) 501-227-0706 (fax) From: "Joe White, Jr." <jwhitenwh[tedaters.cam> To: brianwinsteadRcomcast.net Cc: "ARKANSAS SURVEYING" <a0LM man ]r@hotmail.com> Sent: Wednesday, November 13, 2013 9:40:32 AM Subject: Street improvement estimates Brian, Attached are two separate cost estimates for your lot and the Baptist Health lot. These estimates are for half street improvements which include curb, sidewalk, base and asphalt overlay to the centerline of the street. These estimates also include engineering which is a requirement. 1 of 11/13/2013 2:49 PM XFI ITY Connect http://web.mail.comcast.net/zimbra/h/printmessage?id=559163 &tz=... You're cost is roughly $45k and Baptist is $30k. Let me know if you have any questions. Joe White, P.E. White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 2 of 2 11/13/2013 2:49 PM kiltlilte0iters A.Assoc&ates Consumno siptinem 24 Rahling Circle. Little Rook, AR 7=3 ITEM NO. DESCRIPTtM Preftina.ry Cost Estimate Proms Itphist Health Lot,'Teact L Ttte. Reneh Date; :November 13,2413 EMIT ipUAKT. PPJM TOTAL i - P Clearin & Grubbin 100% S1.500.00 $1.500.00 2 - P Street Excavation 350 $8.00 S2.800.00 3 - P Storm drain dLF 180 S40.00 S7,200.00 4 - P Curb & Gutter 180 512.00 S2-150-= 2 Base CaurSe 5' SBFSeed 12Q $?5.00 S1,$i}O.Oa P ]7- C wearing Surface 220 SY S20.00 $6.400.00 P k 100 SY 340.00 $4,0011.00 8 -P Mulch 100°la LS Sf,DQ0.00 $1.000.00 SubTotal Grading, paving $ Drainage $26,86040 En ineerin Fees -12°I $3.230.00 Total Pr ect $30 090.00 White-Daters & Associates Aoale, 'Pr�e]iminary Cost Fatima Consulting Erngineers Praject: ct, Tract 1. The Ranch 2.4 Rahling Circle Date, November 13, 20U Uttle Rock, AR T2= UNIT NO. 'DFSCMPTION' Qt3ANT. PFUCE TOTAL P CIBgring & t3rci6 i T19 106% LS I $2:000_o0 $2,000.0D - P Street Excavation 500 . CY $8.00 $4.000.00 P Storm Drain 250 LF S50.00 $12-500.00 4 - P Curb & Gutter 250 LF $12:00 S3,000.00 5;P ;�" S&� DS�CSwr58 130 m 52:55000 6 -.P 3" HARAC Wearina Surface 450 SY $20.00 $9.000.00 7- P Sidewatk 440 SY $40,00 $5;600m 8 - P Seed & Mutch 100% L5 $f .000.00 $f :000.00 SubTotal Grading, :Paving 8 Drama $39,650.OD t=r► ineerin Fees -12% $b:758:OD Total Prp ect .$44,408.00 11 Paul White From: Tamara Guffey [tguffey@whitedaters.com] Sent: Tuesday, October 29, 2013 11:33 AM To: 'Paul White' Subject: FW: Plat Approval: Tracts L1-R, 1-2-R & L3-R The Ranch Attachments: image001 Jpg; Tr L1-R-L3R The Ranch.PDF A Im 1mage001.jpg (2 Tr Ll-R-L3R The KB) Ranch.PDF (431... Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 -----Original Message ----- From: Zinser, Brandon M [mailto:Brandon.Zinser@centerpointenergy.com] Sent: Tuesday, October 29, 2013 11:12 AM To: 'Tamara Guffey (tguffey@whitedaters.com)' Cc: Bates, Joni B. Subject: FW: Plat Approval: Tracts Ll-R, L2-R & L3-R The Ranch CenterPoint Energy has no objection to the final plat of Tracts L1-R, L2-R & L3-R The Ranch, Little Rock as shown on the attachment. Thanks, Brandon M. Zinser, P.E. Engineer III Southern Gas Operations I Arkansas/Oklahoma Region 401 W. Capitol Ave, Suite 600 1 Little Rock, AR 72201 Direct: 501-377-4930 1 Fax: 501-377-4733 1 Mobile: 501-425-2289 [cid:image001.jpg@010ED497.A165B2F0] From: Bates, Joni B. Sent: Monday, October 28, 2013 3:31 PM To: Zinser, Brandon M Subject: FW: Plat Approval: Tracts Ll-R, L2-R & L3-R The Ranch Please review. Thx, Joni From: Tamara Guffey[mailto:tguffey@whitedaters.com] Sent: Monday, October 28, 2013 3:12 PM To: 'Jim Boyd'; 'Daniel Tull'; 'THOMPSON, THEODIS'; Bates, Joni B.; 'NAJI, ALLISON V' Cc: 'James, Donna'; 'Floriani, Vince'; 'Harper, Vance'; 'Paul White'; 'Brian Dale' Subject: Plat Approval: Tracts Ll-R, L2-R & L3-R The Ranch Attached for your review and approval is a final plat copy of Tracts Ll-R, L2-R & L3-R The Ranch, Little Rock. The owner of this property would like to file this plat by Friday, November 8th. An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will 1 Page 1 of 2 Paul White From: Tamara Guffey [tguffey@whitedaters.com] Sent: Thursday, November 07, 2013 11:59 AM To: 'Daniel Tull' Cc: 'Paul White'; jwhite@whitedaters.com Subject: RE: Plat Approval: Tracts 1-1-R, L2-R & L3-R The Ranch Thank you Daniel Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: Daniel Tull [mailto:Daniel.Tull@carkw.com] Sent: Thursday, November 07, 2013 10:47 AM To: Tamara Guffey Subject: RE: Plat Approval: Tracts L1-R, 1-2-11 & 1-3-11 The Ranch CAW approved with following comments. If the lots ever changes ownership the existing private fire service will have to be relocated and severed from serving multiple lots. Thank You Central Arkansas Water Daniel Tull, Engineering Technician daniel.ttill@cai-kw.com 501-377-1245 From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Wednesday, November 06, 2013 11:32 AM To: jwhite@whitedaters.com; 'Paul White' Cc: Daniel Tull Subject: FW: Plat Approval: Tracts Li-R, L2-R & L3-R The Ranch Importance: High Could we please advise Daniel on this? Thank you Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: Daniel Tull [malIto. Daniel.Tull@carkw.com] Sent: Wednesday, November 06, 2013 11:09 AM To: Tamara Guffey Subject: RE: Plat Approval: Tracts 1-1-11, 1-2-R & 1-3-11 The Ranch 11/7/2013 Page 1 of 2 Paul White From: Tamara Guffey [tguffey@whitedaters.com] Sent: Thursday, November 07, 2013 10:31 AM To: 'Paul White' Cc: jwhite@whitedaters.com Subject: FW. Plat Approval: Tracts L1-R, L2-R & L3-R The Ranch Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: THOMPSON, THEODIS [mailto:TTHOMPI@entergy.com] Sent: Thursday, November 07, 2013 8:52 AM To: Tamara Guffey Subject: RE: Plat Approval: Tracts Li-R, 1-2-11 & L3-R The Ranch Tarnara, Entergy has no objections to the above reference plat. However, we do have underground facilities in this area that serves Leisure Arts and that casement will need to be retained. Thanks Theodis From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Tuesday, November 05, 2013 3:13 PM To: 'Daniel Tull'; THOMPSON, THEODIS; 'NAJI, ALLISON V' Cc: jwhite@whitedaters.com; 'Paul White' Subject: FW: Plat Approval: Tracts Ll-R, L2-R & 1-3-11 The Ranch Just a friendly reminder Thank you for your cooperation. Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: Tamara Guffey fmailta.,Lguffev@whitedaters.com] Sent: Monday, October 28, 2013 3:12 PM To: 'Jim Boyd; 'Daniel Tull'; THOMPSON, THEODIS'; 'Bates, Joni B.'; 'NAJI, ALLISON V Cc: 'James, Donna; 'Floriani, Vince'; 'Harper, Vance'; 'Paul White'; 'Brian Dale' Subject: Plat Approval: Tracts Li-R, 1-2-11 & 1-3-11 The Ranch Attached for your review and approval is a final plat copy of Tracts L1-R, L2-R & L3-R The Ranch, Little Rock. The owner of this properly would like to file this plat by Friday, November 8th. 11/7/2013 Page 1 of 2 Paul White From: Tamara Guffey [tguffey@whitedaters.com] Sent: Friday, November 08, 2013 8:17 AM To: 'NAJI, ALLISON V Cc: jwhite@whitedaters.com; 'Paul White' Subject: FW: Plat Approval: Tracts L1-R, L2-R & L3-R The Ranch Thanks Allison Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: NAJI, ALLISON V [mailto:an0142@att.com] Sent: Thursday, November 07, 2013 4.45 PM To: Tamara Guffey; BURKEIT, RICK Cc: jwhite@whitedaters.com Subject: RE: Plat Approval: Tracts Li-R, 1-2-11 & 1-3-11 The Ranch AT&T approves of this plat as of 11/7/13. Thanks, Allison Naji AT&T Arkansas Mgr. OSP Planning & Engineering Design 1111 W. Capitol, Room 465 Little Rock, AR 72201 (501)373-1168 From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Thursday, November 07, 2013 12:03 PM To: NAJI, ALLISON V; BURKETT, RICK Cc: jwhite@whitedaters.com Subject: FW: Plat Approval: Tracts Ll-R, 1-2-11 & L3-R The Ranch Allison, Is this area yours or Ricks? We are under pressure to file this tomorrow Just wanted to make sure someone was working on it. Sorry for any inconvenience. Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 11/8/2013 NORTHWEST ARKANSAS OFFICE SUITE 400 234 EAST MILLSAP ROAD FAVETTEVILLE, ARKANSAS 72703-4099 479-973-420D RANDAL B. FRAZIER randy.frazi a r(okutakrock.com (501) 975-3122 KUTAK ROCK LLP SUITE 2000 124 WEST CAPITOL AVENUE LITTLE ROCK, AR 72201 -3706 501-975-3000 FACSIMILE 501-975-3001 www.Kutakrock.00m November 6, 2013 Mr. Tony Bozynski, Director City of Little Rock Department of Neighborhoods & Planning 723 W. Markham Little Rock, AR 72201 ATLANTA CHICAGO DENVER FAYETTEVILLE IRVINE KANSAS CITY LITTLE ROCK LOS ANGELES MINNEAPOLIS OKLAHOMA CITY OMAHA PHILADELPHIA RICHMOND SCOTTSDALE WASHINGTON WICHITA VIA EMAIL toMMski _.littlerock.or FIRST CLASS MAIL Re: Proposed Final Plat of Tracts L1-R, L2-R & L3-R The Ranch, an Addition to the City of Little Rock, Arkansas ("Plat") Dear Mr. Bozynski: Our firm represents Ranch Properties, Inc. ("Ranch Properties"), the developer of The Ranch subdivision. It is my understanding that Baptist Health and Professional Property Company, LLC ("Professional Property") have submitted the Plat to you for final plat approval pursuant to Little Rock Code § 31-116 et. seq. In its capacities as: (i) the original developer of The Ranch subdivision; (ii) a property owner; and (iii) the Allottor under the Bill of Assurance filed with the original plat of the subject property on May 24, 1990 as Instrument No. 90-27248 ("Original Bill of Assurance"), Ranch Properties objects to your approval of the Plat and requests that you deny approval of the Plat for the following reasons: 1. The Plat shows a 10' utility and drainage easement transversing the middle of Tract L1-R and continuing over a portion of the northern boundary of said tract and the northern boundary of Tract L2-R. The source of reference for the easement shown on the Plat is identified as Plat Book D at Page 19. The easement is further shown to be 25' in width along the eastern boundaries of Tract L2-R and Tract L3-R and continues on the southern boundary of Tract L3-R as a 20' easement. The notation on the Plat states "10' EASEMENT TO BE ABANDONED WITH THIS PLAT". The Original Bill of Assurance specifically states: "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 (emphasis added). 4845-5999-7462.1 KUTAK ROCK LLP Mr. Tony Bozynski November 6, 2013 Page 2 Ark Code Ann § 14-199-103 specifically provides that legal authority for the vacation of public utility easements rests in the legislative body of a city, i.e, the Little Rock Board of Directors. A platted utility and/or drainage easement cannot be abandoned by the Planning Director's administrative approval of a final plat. Neither the Little Rock ordinances nor Arkansas statutes vest a city's planning director with such authority. The owners of the properties must follow proper legal procedures for the abandonment or vacation of these easements prior to submitting the Plat for final approval. 2. A visible inspection of Tract L1-R clearly shows that a building has been constructed over the drainage/utility easement shown on said tract in violation of both the Little Rock Code and the Original Bill of Assurance. The Planning Director does not have authority to cure easement encroachments by administratively approving a final plat. 3. The properties identified as Tracts L1-R and L3-R have major detention ponds located on them. A current survey of Tract L3-R specifically delineates a storm water detention area. This detention area is not shown on the Plat. A storm water detention area is likewise not identified or delineated on Tract Ll-R of the Plat. To my knowledge, there has not been a Bill of Assurance submitted with the Plat. A Bill of Assurance is required to be submitted with the Plat and must specifically address drainage and detention provisions of the platted properties. The Plat should not be approved until these items are sufficiently addressed in a Bill of Assurance. The Bill of Assurance must further address the items required by § 31-120 of the Little Rock Code. I would appreciate your providing a copy o fthe Bill of Assurance proposed by the applicant when it is received in your office. 4. As shown on the Plat, Tracts L2-R and L3-R abut Katillus Road. Pursuant to § 31-431 of the Little Rock Code, the owner of platted property must provide assurance to the City for the installation of road improvements to Katillus Road. To date the applicant has not provided the required assurance of installation of such improvements. For the reasons cited above, Ranch Properties respectfully requests that you deny the final plat. If you have any questions regarding this matter, feel free to contact me. Additionally, I would welcome the opportunity to discuss these matters with you in person prior to your consideration of the final plat. Sincerely, Ra B. Frazier RBF/ams cc: Mr. Bruce Moore, City Manager Mr. William F. Rector, Chairman, LR Planning Commission 4845-5999-7462.1 NORTHWEST ARKANSAS OFFICE SUITE 400 234 EAST MILLSAP ROAD FAYETTEVILLE, ARKANSAS 72703-4099 479-973-4200 RANDAL B. FRAZIER randy.frazier@kutakrock.com (501)975-3122 KUTAK ROCK LLP SUITE 2000 124 WEST CAPITOL AVENUE LITTLE ROCK, AR 72201-3706 501-975-3000 FACSIMILE 501-975-3001 www.kutakrock.com November 6, 2013 Mr. Tony Bozynski, Director City of Little Rock Department of Neighborhoods & Planning 723 W. Markham Little Rock, AR 72201 ATLANTA CHICAGO DENVER FAYETTEVILLE IRVINE KANSAS CITY LITTLE ROCK LOS ANGELES MINNEAPOLIS OKLAHOMA CITY OMAHA PHILADELPHIA RICHMOND SCOTTSDALE WASHINGTON WICHITA VIA EMAIL tozynski a littlerock.org FIRST GLASS MAIL Re: Proposed Final Plat of Tracts L1-R, L2-R & L3-R The Ranch, an Addition to the City of Little Rock, Arkansas ("Plat") Dear Mr. Bozynski: Our firm represents Ranch Properties, Inc. ("Ranch Properties"), the developer of The Ranch subdivision. It is my understanding that Baptist Health and Professional Property Company, LLC ("Professional Property") have submitted the Plat to you for final plat approval pursuant to Little Rock Code § 31-116 et. seq. In its capacities as: (i) the original developer of The Ranch subdivision; (ii) a property owner; and (iii) the Allottor under the Bill of Assurance filed with the original plat of the subject property on May 24, 1990 as Instrument No. 90-27248 ("Original Bill of Assurance"), Ranch Properties objects to your approval of the Plat and requests that you deny approval of the Plat for the following reasons: 1. The Plat shows a 10' utility and drainage easement transversing the middle of Tract L 1-R and continuing over a portion of the northern boundary of said tract and the northern boundary of Tract L2-R. The source of reference for the easement shown on the Plat is identified as Plat Book D at Page 19. The easement is further shown to be 25' in width along the eastern boundaries of Tract L2-R and Tract L3-R and continues on the southern boundary of Tract L3-R as a 20' easement. The notation on the Plat states "10' EASEMENT TO BE ABANDONED WITH THIS PLAT". The Original Bill of Assurance specifically states: "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 (emphasis added). 4845-5999-7462.1 KUTAK ROCK LLP Mr. Tony Bozynski November 6, 2013 Page 2 Ark Code Ann § 14-199-103 specifically provides that legal authority for the vacation of public utility easements rests in the legislative body of a city, i.e. the Little Rock Board of Directors. A platted utility and/or drainage easement cannot be abandoned by the Planning Director's administrative approval of a final plat. Neither the Little Rock ordinances nor Arkansas statutes vest a city's planning director with such authority. The owners of the properties must follow proper legal procedures for the abandonment or vacation of these easements prior to submitting the Plat for final approval. 2. A visible inspection of Tract L1-R clearly shows that a building has been constructed over the drainage/utility easement shown on said tract in violation of both the Little Rock Code and the Original Bill of Assurance. The Planning Director does not have authority to cure easement encroachments by administratively approving a final plat. 3. The properties identified as Tracts L1-R and L3-R have major detention ponds located on them. A current survey of Tract L3-R specifically delineates a storm water detention area. This detention area is not shown on the Plat. A storm water detention area is likewise not identified or delineated on Tract L 1-R of the Plat. To my knowledge, there has not been a Bill of Assurance submitted with the Plat. A Bill of Assurance is required to be submitted with the Plat and must specifically address drainage and detention provisions of the platted properties. The Plat should not be approved until these items are sufficiently addressed in a Bill of Assurance. The Bill of Assurance must further address the items required by § 31-120 of the Little Rock Code. I would appreciate your providing a copy o fthe Bill of Assurance proposed by the applicant when it is received in your office. 4. As shown on the Plat, Tracts L2-R and L3-R abut Katillus Road. Pursuant to § 31-431 of the Little Rock Code, the owner of platted property must provide assurance to the City for the installation of road improvements to Katillus Road. To date the applicant has not provided the required assurance of installation of such improvements. For the reasons cited above, Ranch Properties respectfully requests that you deny the final plat. If you have any questions regarding this matter, feel free to contact me. Additionally, I would welcome the opportunity to discuss these matters with you in person prior to your consideration of the final plat. Sincerely, Ra B. Frazier RBF/ams cc: Mr. Bruce Moore, City Manager Mr. William F. Rector, Chairman, LR Planning Commission 4845-5999-7462.1