HomeMy WebLinkAboutS-0010-AA ApplicationL JNow
The
Mehlbutger-
Firm
Architects 0 Engineers 0 Surveyors
December 15, 1993
Mr. Bobby Sims
Department of Comprehensive Planning
City of Little Rock
711 West Markham
Little Rock, Arkansas 72201
RE: Replat of Lot 13A & 14A, Charles Valley Subdivision
Dear Mr. Sims,
Please find attached 5 copies of the final plat for the project referenced above and the Bill of
Assurance. Please review and advise me of any problems or questions. The owners want to
close on December 23, 1993 and need the plat signed by that date.
If you need additional information or have any questions, please call.
Yours truly,
THE MEHLBURGER FIRM
B. Michael Watson
BMW/tgp
Attachments
201 South Izard 13 PO. Box 3837 0 Little Rock, AR 72203-3337 c 501/375-5331
BAILEY CORPORATION
TO: THE PUBLIC
34 OZ766
BILL OF ASSURANCE
WHEREAS, Bailey Corporation, an Arkansas corporation,
Agent, (Grantor) is the sole owner of the following described lands
in Pulaski County, Arkansas:
A tract of land located in the W-1/2 of the
NE-1/4, Section 33, Township 2 North, Range 13
West, Pulaski County, Arkansas, more particu-
larly described as follows: All of Lots 13A
and 14A, CHARLES VALLEY SUBDIVISION, an
addition to the City of Little Rock, Pulaski
c
County, Arkansas, containing 8.103 acres, more
or less, as designated on the Plat dated
April 22, 1985, which is of record in the
Office of the Recorder of Pulaski County,
Arkansas, in Plat Book B at Page 500, and in
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tl=J
CM
the Bill of Assurance dated April 22, 1985,
>=^'=
being Instrument No. 85-20910 in the records
of Pulaski County, Arkansas (said Lots 13A and
14A are a replat of the property which was
--' - I;-
platted as Lot 13, Charles Valley Subdivision,
by a Plat dated May 25, 1978, which is of
record in Plat Book A-671 and the property
which was platted as Lots 14, 15 and 16,
Charles Valley Subdivision, by a Plat dated
March 9, 1975, which is of record in Plat
Book 39 at Page 62); and
WHEREAS, it is desirable that the above described
property be resubdivided and replatted.
NOW, THEREFORE, WITNESSETH:
The Grantor has caused the above described property to be
surveyed by Michael Watson, a Registered Professional Land
Surveyor, and a plat thereof made which is identified by the title
"Replat of Lots 13A and 14A, CHARLES VALLEY SUBDIVISION, Little
Rock, Pulaski County, Arkansas" and the date December 12, 1993, and
by the signature of the Engineer and Grantor and bears a Certifi-
cate of Approval by the Little Rock Planning Commission and is on
record in the office of the Circuit Clerk and Ex-Officio Recorder
of Pulaski County, Arkansas, in Plat Book D at Page g 9 _and the
Grantor does hereby make this Bill of Assurance.
The Grantor does hereby certify that it has replatted the
above described property in accordance with said replat and the
lands embraced in said replat shall be forever known as Lot 13R and
Lot 14R, Charles Valley Subdivision, as designated on said replat.
The filing of this Bill of Assurance and replat 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 streets and easements shown on said replat.
All buildings constructed on said lots shall be con-
structed no nearer to the street than the building line shown on
the replat, and all buildings shall be constructed in conformance
with the Building Code and Zoning Ordinance of the City of Little
Rock, Arkansas.
The lands herein replatted and any interest therein shall
be held, owned and conveyed subject to and in conformity with the
following covenants:
1. A retail and office center known as Market Street
Plaza is situated on Lot 13R and Lot 14R. The common area for the
center consists of .all of the area in Market Street Plaza except
that portion upon which a building may be situated. A building is
situated upon Lot 13R as shown on the replat. All of Lot 13R
except that portion upon which the building is situated shall be
maintained as the common area of Market Street Plaza. Such common
area shall include, but not be limited to, parking areas, drive-
ways, entrances, exits, landscaped areas, and exterior lighting for
2
such area. Grantor shall operate and maintain the common area in
a clean, sightly and orderly manner. The Grantor shall have the
right to establish, modify and enforce reasonable rules and regula-
tions with respect to the common area and its use and maintenance.
The owner of Lot 13R (Owner) shall reimburse the Grantor for its
share of the cost incurred by the Grantor in maintaining the common
area, including, but not limited to, lighting the common area.
Owner's share of such cost, except the cost of lighting the common
area situated on Lot 13R, shall be a fraction of such cost, the
numerator of which fraction shall be the Gross Leasable Area in the
building situated upon Lot 13R and the denominator of which frac-
tion shall be the Gross Leasable Area in the buildings situated on
both lots. Owner's share of the cost of lighting the common area
situated on Lot 13R shall be a reasonable estimate of the cost of
maintaining each outdoor lamp used for that purpose, and the amount
of such estimate for the use of electricity shall be based on
information obtained from the utility furnishing such service.
Owner shall reimburse Grantor within twenty (20) days after receipt
of a statement for its share of such costs.
2. No building or other structure, including but not
limited to free-standing signage, except the existing building,
may be situated on any part of Lot 13R without the prior written
approval of Grantor, and such approval shall be granted at the sole
discretion of the Grantor.
3. The exterior of any building which may be situated
on Lot 13R shall be maintained in a good state of repair and in a
sightly condition by Owner at its cost. If Owner fails to so
3
maintain the exterior of such building within thirty (30) days
after receipt of written notice from Grantor, the Grantor may make
such repairs, including but not limited to painting, as may be
reasonably necessary to place the exterior of the building in a
good state of repair and a sightly condition. The Owner shall pay
the Grantor the cost of such repairs plus twenty percent (20%).
4. The Grantor shall have architectural control of the
exterior of any building which may be situated upon Lot 13R,
including but not limited to the existing building and signage,
and any partial or total remodeling or replacement of it. No
alteration, addition, decoration or remodeling may be made to the
exterior of any building which may be situated upon Lot 13R, nor
shall any sign, decoration, lettering, or advertising matter
(including free-standing signage) be placed upon the exterior or be
visible from the exterior of the building, without the prior
written approval of the Grantor. Such approval shall not be
unreasonably withheld, provided the proposed change or installation
complies with the architectural style of, would maintain the
architectural integrity of, and is in conformity with the signage
of, that part of Market Street Plaza situated on Lot 14R.
5. The Owner shall require any occupant of any space in
any of its buildings which are used for retail purposes to partici-
pate in an association formed to promote Market Street Plaza, with
such occupant's dues being determined in the same manner as dues
for retail space in buildings situated on Lot 14R.
6. Lot 13R shall have a parking ratio of four (4)
parking spaces with a nine (9) foot width, a twenty (20) foot
4
length, and a sixty (60) foot distance from center to center of the
drive lanes for each one thousand (1,000) square feet of Gross
Leasable Area in the building situated thereon. Lot 14R shall have
four (4) parking spaces with a nine (9) foot width, a twenty (20)
foot length, and a sixty (60) foot distance from center to center
of the drive lanes for each one thousand (1,000) square feet of
Gross Leasable Area in the buildings situated thereon. Gross
Leasable Area means all floor area within the exterior surface of
the exterior walls of any building or structure.
7. Any amount which the Grantor is entitled to recover
from the Owner under the provisions of this Bill of Assurance shall
become a lien upon Lot 13R if not paid within twenty (20) days
after a written statement for such amount has been submitted to
Owner.
8. The Grantor may elect to discontinue maintenance of
the parking ratio required by Paragraph 6 hereof or maintenance of
the common area in the manner set forth in Paragraph 1 hereof, by
recording a signed notice to that effect, in either of which event
the requirements and restrictions set forth in Paragraphs 1, 2, 3,
4, 5, 6 and 7, and the applicability of Paragraph 9 thereto, shall
be released and canceled, effective upon the recording. (Tempo-
rary changes in the parking ratio as the result of remodeling,
reconstruction, repairs or casualty shall in no event be deemed to
constitute such an election).
9. Subject to the terms of Paragraphs 8 and 10 hereof,
the restrictions herein set forth shall run with the land and shall
bind the Grantor, the Owner, their successors and assigns, and all
parties claiming by, through or under it shall be taken to hold,
agree and covenant with the owner of the lots hereby restricted,
and with their successors and assigns, and with each of them to
conform to and observe said restrictions as to the use of such lots
and the construction of improvements thereon, but no restriction
herein set forth shall be personally binding upon any corporation,
person or persons, except in respect to breaches committed during
its, his or their seizin of title to said land, and Grantor, its
successors and assigns, and also the owner or owners of the lots
hereby restricted shall have the right to sue for and obtain an
injunction, prohibitive or mandatory, to prevent the breach of or
to enforce the observance of the restrictions above set forth, in
addition to ordinary legal action for damages and failure of
Grantor, its successors or assigns, or any owner or owners of such
lots to enforce any of the restrictions herein 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.
10. Subject to the provisions of Paragraph 8 hereof,
and, if reasonably necessary to effect the purposes hereof, any and
all of the covenants, provisions, or restrictions set forth in this
Bill of Assurance may be amended, modified, extended, changed or
canceled, in whole or in part, by a written instrument signed and
acknowledged by the owner or owners of more than fifty percent
(50%) in area of the total of the land herein replatted, provided
any such amendment, modification or change which affects Lot 13R
must include the signature or signatures of the owner or owners of
more than fifty percent (50%) in area of Lot 13R; revisions by one
2
hundred percent (100%) of the ownership of Lots 13R and 14R being
unrestricted; and the provisions of any such instrument so executed
shall be approved by the Little Rock Planning Commission and shall
be binding from and after the date it is duly filed for record in
Pulaski County, Arkansas. Each covenant, provision and restriction
in this instrument, unless altered as expressly provided otherwise
herein, shall remain in full force and effect until January 1,
2023.
11. Subject to the terms of Paragraphs 8 and 10 hereof,
all covenants, provisions and restrictions set forth in this
instrument shall automatically be extended for successive periods
of ten (10) years each, unless modified, terminated or canceled as
provided herein.
12. 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 restric-
tions or any part thereof as set forth herein, but they shall
remain in full force and effect.
EXECUTED at Little Rock, Arkansas, this 7th day of
January, 1994.
7
BAILEY CORPORATION, Agent,
Grantor
- i
By �-
Jcfn S ent
LITT 7 r -� rr „- ter- rl
STATE OF ARKANSAS)
S,4LiNE-) ss:
COUNTY OF PULASIC-1) ACKNOWLEDGMENT
On this day, before me, a Notary Public duly commis-
sioned, qualified and acting, within and for the said County and
State, appeared in person the within named John S. Bailey, to me
personally well known, who stated that he was the President of
Bailey Corporation, an Arkansas corporation, and stated and
acknowledged that he was duly authorized in such capacity to
execute the foregoing instrument for and in the name and behalf of
said corporation, as agent, 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.
WITNESS my hand and official seal this 7th day of
January, 1994.
oission expires: My�
e,0
HhOVIc
Bailey Corp.MSP/BA
1-7-94
8
4_a4
Notary Public
THIS INSTRUMIENT WAS PREPARED BY:
MITCHELL, WILLIAMS, SELIG,
GATES & WOODYARD
A PROFESSIONAL LIMITED COMPANY
ATTORNEYS AT LAW
320 WEST CAPITOL, SUITE 1000
LITTLE ROCK J%P'fn NSAS 72201-3525
=SE0-20-93 MOO 1 S 4 PUEL I C WORKS
P _ 01
DECEMBER 20, 1993
TO: BOBBY SIMS
FROM: CARROLL BALL
SUBJECT: FINAL SUBDIVISION PLAT REVIEW
_PULASKI COUNTY JAIL: Disapproved.
Approval of construction cannot be given until a proper
maintenance bond has been filed.
We have received a bond in the amount of $37,000 clearly not
enough to cover 50 % of the cost of construction of street
and drainage faacilities as specified by Code.
Provide PACIS Data Form to Civil Engineering.
CHARLES VALLEY SUBDIVISION: Disapproved
Provide State Plane Coordinates, Provide Berarings,
r Provide Error of Closure to Civil Engineering.
(BIXLER COMMERCIAL SUBDIVISION, LOT _7:_Disapproved.
Provide State Plane Coordinates, Bearings and Error of
Closure tp Civil Engineering.
CITY Off' LITTLE ROCK, ARKANSAS
DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING
FILING FEES
DATE 1971�
Annexation . . . . . . . . . . _ $
,a,iBoard of Adjustment Application. . . . . . . $ ;
Conditional Use erm - $
DT
Final Plat : y
Planned Unit De'elJWeVJ 1994 . . . . . . . $
Preliminary Pla �� . . . $
6TY OF L117LC- R.-CA
.-Rezoning -A,pplicat.$t D'HPd 1 W.DE . . . . . . - • $
R-
Site Plan (Multiple Building/Zoning)
Special Use Permit . . . . . . . . . . . $�
Street, Alley, or Easement Closure $
t '
Street Name Change . . . . . . . . . . . . $
Street Name Signs: # Signs at ea. . $
TO�T�AL $ %� r� �
File— I J -AA Address: . ar�1 tr=.II/'!�
s
' Applicant:.. By, -
- '
THE MEHLBURGERFIRM
201 S. IZARD LITTLE ROCK, AR
MISCELLANEOUS COMPUTATIONS
TEMPORARY USE ONLY
1,A112
uv.d 'o^gI ^
SPN ID: CLOSE
CLOSURE
ERROR
JOB:
MISC
INST ANGLE
DIRECTION
DISTANCE
NORTHING
EASTING
-_~~-__.---~--
FSG'T
-_...
.--_----_-_-
1000.000
1000.000
1
1
N
89
39
26.0
E
187.970
1001.125
1187.967
50
50
N
89
39
26.0
E
12.480
1001.199
1200.446
51
51
S
88
17
29.0
E
208.810
994.973
1409.164
52
52
S
86
30
07.0
E
39.470
992.565
1448.560
53
53
S
87
36
16.0
E
254.440
981.930
1702.778
54
54
S
02
53
45.0
W
200.000
782.185
1692.674
�5
55
S
02
51
31.0
W
64.660
717.606
1689.449
56
56
S
01
14
52.0
W
101.190
616.440
1687.245
57
57
S
00
30
10.0
W
34.020
582.421
1686.947
5G
58
S
OO
02
45.0
W
210.980
371.441
1686.778
59
59
S
88
49
01.0
W
111.000
369.149
1575.802
60
60
N
62
46
10.0
W
490.940
596.993
1133.047
61
61
N
26
35
38.0
W
167.250
746.548
1058.175
62
62
N
16
13
09.0
W
37.110
782.181
1047.810
63
~
63
N
13
OO
45.0
W
24.770
806.315
1042.233
64
64
N
12
18
09.0
W
198.230
991.993
999.995
65
CLOSURE ERROR:
0.0084
DIRECTION:
N 32
59 27.7 E
LAT. ERROR :
-0.0071
PERIMETER:
2350.320
DEP. ERROR :
-0.0046
PRECISION:
279027