HomeMy WebLinkAboutS-0428-J ApplicationT M V"T-AM V"M
Pursuant to paragraph 7 of Bill of Assurance No. 84-37640, as
amended by No. 87-67280, the owner of all property encompassed by
the Bill of Assurance hereby amends paragraph 3 of the Bill of
Assurance by adding thereto a proviso as follows:
"...;provided, however, that any affected utility may
consent in writing to any such structures, improvements or
obstructions within the area of such easements, and to the extent
of such written consent the same may be permitted to be located on
such easements.
Paragraph 3 shall remain in full force and effect except as
amended herein."
Allen & O'Hara, Inc.
(a Tennessee corporation)
By: ,
Secretary
BARBARA S. HAYS
ACKNOWLEDGMENT SECRETARY
STATE OF TENNESSEE)
)ss.
COUNTY OF SHELBY )
On this 61 , 1991, before me, the undersigned
Notary Publictuly c mmissioned, qualified and acting, within and
for the said County and State appeared in person the within named
_bft&JSW S. tk015 _ to me personally well known, who stated that he
was the Secretary of Allen & O'Hara, Inc., a corporation and was
duly authorized in his capacity to execute the foregoing instrument
for and in the name and on behalf of the said corporation, and
further stated and acknowledged that he had so signed, executed and
delivered said foregoing instrument for the consideration, uses and
purposes therein maintained and set forth.
IN TESTIMONY REOF, I have here unto set my hand and
official seal this 31 1991.
Notary Public
My commission expires:
CONSENT TO ENCROACMCE T.CS
The undersigned utility company, owner of utility facilities
located in the area of easements shown in the Bill of Assurance No.
84-37640 recorded June 20, 1984 amended by No. 87-67280 recorded
October 23, 1987, does hereby consent that a paved parking area and
driveway may be located and maintained on said easements, provided
that this utility company and its successors or assigns shall not
be liable for damage to or destruction of same, nor obligated to
repave or reconstruct any portion of same through which it may be
necessary or appropriate to excavate in order to access utility
facilities in the underlying easement for the purpose of
construction, operation, maintenance, repair, replacement, removal,
or any other purpose in connection with ingress and egress to said
utility facilities.
Dated this 2. 1991.
ARKANSAS LOUISIANA GAS COMPANY
a division of Arkla, Inc.
By: A101
Vice--—resiclent
ACKNOWLEDGMENT
STATE OF ARKANSAS
)ss.
COUNTY OF )
On this a 1991, before me, the undersigned
Notary Public duly coma ssioned, qualified and acting, within and
for the said County and State appeared in person the within named
1
6
R
Michael Means to me personally well known, who stated that he division
was the Vice President of Arkansas Louisiana Gas Company, a/ of Arkla,
corporation and was duly authorized in his capacity to execute the Inc.
foregoing instrument for and in the name and on behalf of the said
corporation, and further stated and acknowledged that he had so
signed, executed and delivered said foregoing instrument for the
consideration, uses and purposes therein maintained and set forth.
IN TESTIMONY WHEREOF, I have here unto set my hand and
Official seal this �1991.
My commission expires: Nota Public
e- 2-7-
2
RICHARD F. HATFIELD, P.A.
ATTORNEY AT LAW
FIRST FEDERAL PLAZA, SUITE 502
401 WEST CAPITOL
LITTLE ROCK, ARKANSAS 72201
RICHARD F. HATFIELD - CERTIFIED TAX SPECIALIST,
ARKANSAS BOARD OF LEGAL SPECIALIZATION
February 21, 1991
Little Rock Planning Commission
723 West Markham
Little Rock, AR 72201
Attention: Jim Lawson
RE: Amendment to Bill of Assurances
Dear Jim:
501 / 374-901 O
In accordance with our phone conversation of February 20, I am
enclosing the following documents.
1. Plat of part of Lot 17R Eagle Subdivision Number Three to
Little Rock.
2. Proposed Amendment to Bill of Assurance Number 84-37640 signed
as amended by Number 87-67280, signed by the present owners.
3. Consents to Encroachments in accordance with the Amendment
signed by Arkansas Louisiana Gas Company.
4. Bill of Assurance Number 84-37640 filed June 20, 1984.
5. Bill of Assurance Number 87-67280 filed October 23, 1987.
The purpose of the proposed amendment is to insure that parking
spaces may be located on easements, but subject to the present use
of the easement holder to repair, etc.
I would appreciate your consideration and advice of when the matter
will be placed on the Planning Commission agenda.
Thank you very much for your help.
Very truly yours,
Richard. atfield
RFH/kg
Enclosures
(!, — 3.10
I 1 JLcD r F�tCORGc..
GEYSPRINGS INN. -LTD.
13a1 OCt 23 r 3 �:
NAME J;IC L T TA AL;1��irC'�
ICJ' AW CO CII?jo
To: The Public BILL OF ASSllkANCE •-•••
WHEREAS, Geyer S rin s Inn Ltd. a Tennessee Limited Partnershi is
the sole owner of the fol,lvwing described property See Exhibit "A"
Attached
Addition to the City of Little Rock, Arkansas, and desire to replat said•'••,
lots:
NOW, THEREFOREs WITNESSETH;
That we, the said Geyer Sprinps Inn, Ltd,, herinafter termed
grantor(s), have caused said tract of land to be surveyed by White-Daters
& Associates -,,-Inc., Registered Professional Engineer, and a plat thereof
made which is identified by the title Final Plat of Lot 17R - Eagle
Commercial Subdivision No #3, Little Rock, Arkansas being a replat of Lot
17, Eagle Commercial Subdivision No 3 and part_of SE 1/4, Sec 36,
T� 1—NR-IB-W, Pulaski County, Arkansas and the date October 6 1987 and by
the signature of the said engineer and the said grantor(s), and bears a
Certificate of Approval executed by the Little Rock Planning Commission,
and is of record in the office of the Circuit,Clerk and ex-officio
Recorder of Pulaski County, Arkansas, in Plat Book C page 33 -7.0
and the grantor(s) do hereby make this Bill of Assurance.
The grantor(s).do hereby certify that they have replatted said real
estate in accordance with said plat, The lands embraced in said plat
shall be forever known as designed on said plat; and every deed of
conveyance for said property shall use this designation.
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 streets and easements
shown on said plat.
05. 24. 90 02:28 PM * MTM&M FC)4
All buildings constructed on said lots 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
Ordinance of the City of Little Rock, Arkansas.
WITNESS our hands this 1_ 0th day of October , 1987.
Geyer Springs Inn, Ltd.
..Phillip H. McNeill, General Partner
IDSV#Asullivanj General Partner
ACKNOWLEDGEMENT
STATE OF 'TENNESSEE
COUNTY OF SHELBY
BE IT REMMERED that on this day came before me, a Notary Public
within and for the County and State aforesaid, the undersigned Phillip
McNeill and David C. Sullivan and stated that they had executed the
aforegoing Bill of Assurance.
otary Public
My Commission Expires:
05. 24, 00 0 2 : 2 8 PM * MTM&M P 0 5
LEGAL DESCRIPTION
Lot 17, Eagle Commercial Subdivision No, 3, Little Rock,
Arkansas
AND
Part of the E 1/2, SW 1/4, SE 1/4, NE 1/4, Section 36,
T-1-N, R-13-W, Pulaski County, Arkansas, more particularly
described as: Beginning at the Northeast corner of the
E 1/2., SW 1/4, SE 1/4, NE 1/4, said Section 36, said corner
also being the Northwest corner of Lot 17, Eagle Commercial
Subdivision No. 3, Little Rock, Arkansas, and lying on the
south right-of-way line of Interstate Route No. 30; thence
S 0 deg. 12 min, 02 sec. E along the east line of said E
1/2, SW 1/4, SE 1/4, NE 1./4, and the west line of said Lot
17, 299.5 ft. to the Southwest corner of said Lot 17, said
corner lying on the north right-of-way line of Mitchell
Drive; thence N 86'deg. 37 min. W along said north right-
of-way line, 20,04 ft. to a point; thence N 0 deg. 12 min,
02 sec. W along a line 20 ft. West,of and parallel with the -
east line of said E 1/2, SW 1/4, SE 1/4, NE 1/4, and the `"
west line of said Lot 17, 298.31 ft. to a point on the north
line of said E 1/2, SW 1/4, SE 1/4, NE 1/4, said line also
being the south right-of-way line of Interstate Route No, 30;
thence N 89 deg, 59 min. E along said north line and said
south right-of-way line, 20,0 ft. to the point of beginning,
_ ,Property contgins 2.613'8. aores_morg or less...
05. 24. 90
02:28 PM
MTM&M
t s,
g 194' 3764u 4JA
CORDED
KILL Of ASBURAN YO S 0j„— U,34
KNOW ALL MEN BY TN931 ►RESENTBt 1
�AMU CB A A
THAT#' WH6R9A8, rr
Riebeamen CoMDanies. Inc, and Aairel, tne.
are the sole owners of the following described land* lying in the
County of Pulaski, Rate of Arkaneas, to wit, '
Tract `C", Marvin gees Industrial Acres, Little Rock,
Arkansas
and
Poet Tract "bar Marvin Hass Industrial Acres, Little
Rock, Arkansast more particularly described met
beginning at the Northwest corner of Lot 7, Eagle
Commercial Subdivision No. 3, Little Rock, Arkansas,
said corner lying on the North line of said Tract 990,
Marvin Base Industrial Acreat thence 50.39' E along the
Hera line of said Lot 7, 300.4 feet to the Southwest
corner thereof, said corner lying On the North right-of-
way line of Mitchell privet thence 416.37' W along said
North right-ol-'way line, 361.52 test to a point on the
West line of sold Tract •a•, Marvin Bass Industrial
Acres soi4 west line also Doing the East lino of the 914
BN I/4 SEV4 Nt "o Section 36, T-1-N, R-13-wt thence
H0.1210I9K along said West ling, 249.5 feet to the
Southweet corner of Tract "C", said Marvin 9606
Industrial ACreet thence N 89.471580E along said South
line, 60.0 feet to the southeast corner ther■oft thence
N0.12102"H along the taut line of said Tract 0C•, 46.3
toot to the Northeast corner thereof, amid corner also
being the Northwestern most corner of maid Tract 050;
thence 586.461E along the North lies of said Tract ass,
299.0 feet to the point of beginning.
Property containst
107,886 Sr or 2.4767 Acres more or less.
AMD, WHEREAS, it is desirable that all of the above described
property be sudivided into lots, blocks, tractor and streetst
NOW THORINPO WITNESNeTHI
THAT WE, the maid Eagle Properties Company and Bairdr Ino.,
hereinafter termed grantor(s), have caused cold tract of land to
be surveyed by Edward C. Stsith i Associates, Consulting Rngineers
a Registered Professional Engineers or Registered Land Surveyor,
and a plat thereof made which is identified by the title Lot 17,
Eagle Coasaercial subdivision No. 3 and the date May 7, 1984, and
by the signature of the Circuit Clerk and ex-officio Recorder of
Pulaski County, At,kansas, in Plat Book „ ---- page,,,�y
And'the grsntor(s) do hereby slake this Bill of Assuranc4o
;n�,'��,t,r.,': �''.�••.: :• �r .: . 1.
�' i '1'BI I119T1JArpR MPA3m MY GNAJn It
r api
- .�.,— �- w .. �. _.-��. -_ _. --- .... � � _. -... v+r--•�........, ..roe.. ......, r.. n..MrM..4w."
C)5. 24. 9(_) 0 2 : 2 8 PNI * MTM&M F 0 9
U.3S ,
AMO• eM granterfsl her+by certify that they have laid o� platted and subdivl4ed, and do hereby lay oft, plat and subdivide°"
said real astate in aaeordonee with Bald plat* she lands f,
wobiesoed In said plat shall be forever known as Lot 17, Bogle
� •ti
Caaaasraial subdirision No. 1. F
The grantors) hereby dedicate to the public forever an ease.
sent' of way an and over the streets as shown by said plat, to he
used as public streets. y,
'there are strips of around shown and dimensioned on ,aid plat
�rarked `Utility Easepent' and •Drainage easement' reserved for
1��'• ''' the use of public utilittea, and for drainage purposes respee-
?wr'.`'i`a`" tivelyr subject at all times to the proper authorities and to t
delivery and dedication of the streets and easements shown on the
ati' ': said plat.
'Nereatterf conveyance and description of any of said lands by
S�:Y Lss,i1!.
lot number as shown on said plat, shall be a proper and sut•
}liaient description hereof.
h' r The 'lots in said subdivision shall be sold by the grantors
+.and shall be purchased by the buyers th+roof, subject to the
bfollowing covenants, to wits r'
l• • No lot shall be re -subdivided into nor shall any dwelling : `. =r''+
s,+,
�V be erected or placed on any lot or building site having a width
r. •� �•R
of less than 60 feet at the building line or an area of less than
1000` square test,
rr 4'; Z. No building or -fence is to be constructed on any lot
n e-mor'eir'than the building line -noted on said plat. The following'
'front yard, rear yard, and side yard provisions shall be required
-' r•tOr the following usage of the propertys ;;'•
.A•,±.9`'`'"ZaR„Lential Use. The front yard setback shall be 15
-444t; 'the roar yard shall be 26 feet the side yard setback shall
be' tol the'm4in struoutrt, 10 per vent of the average width of
tM lot provided such side yard need not exceed I feet in widthe •
�4 " hand accessory smictures related to resldentlai'ust shall be
` �w.?�lvaseed at least 40 lest from the front property' line, and May be
'pissed no Was than S•teet from the aide lot line.03.
t�i1k4.. N•.. �r '., . ,5', }•' 'LYf r{f4•"9 r + t r i' 'f f !r]
, ,tit [�' �"tiJ.'' •1 � 1 4�'•L�,. •.
02: 28 PM
MTM&M
P 10
'0 5. 24. 90
b, Commrclisl Yjl& A front setback of 40 toot is F"UtrQ49
A roar yard totbook of IS Coot to required, There 111611 be 00
roquic000nts for aide yard setback@ for 000M*rcial Use# unless
the CVaaoorQi&I use is adjacent to a residential user then the
Side yard shall be me lose then 4 toots
i
sir'
e. lndustrtal Uso�, A front yard setback of 40 toot is
ti
required an all minor streets and a 70 toot Setback 10 required
for all Major etrootse The building tin* shall be a minimum Of
;A
30 cost from all other Property lines&
S. No buildings, Conces, inetneraitorst ved driveway or
any other permanent oLructur* or ImPr*Y0mdAt oT-ExFnnd, whether
herein specifically enumerated or not, shall be built or spin-
totned within the aroo of any of the easements shown on the Plato
• and In the event any such obstruction is placed thereon In viola-
tion of this restriction and reservations no utility and/or
public agent will be liotpie for destruction of same in
constructing and maintaining facilities located within the
area of said easement,
4s No fens o wall, h9dgeo or shrub planting or other
obstacle which obstructs sight lines at elevation of more than 30
inches above the roadways shall be placed or permitted to remain
on any corner lot within the triangular area formed by the Ptr9et
lines and a line connecting them at points So feet from the
intersection of the street lineal or in. the came of a rounded
rip property corner, within the triangle formed by tangents to the
A�
curve'at its beginning and end, and a line connecting them at
is f
pointo*50 toot from their intersection. No tree shall be per -
'milted to remain within such distances of such intersection*
1 unless the foliage line Is m intained at a height of 6 feet to
obstruction of such eight linen,
5,''"Ho obstruction shall be placed in the street or g4ttgry
. . . . . .
.
urba'sholl be broken at drivewaysi and driveway aprons shall not
e.
_Yl;if.extend past the face of the curb,
J
V
A
05.24.90 02:28 PM MTM&M
two.
run with the
'M *Mvgnanta and rogtCiationd to
land and shell be binding an all parties and all offeand claiming
Under then for a period of 30 years from the date these Mwe"onto,
which time said covenants
and restrictions are r4cordedt after *Siva
AM restrictions shall to asitematically extended for 994941
and instrument signed by & Majority
pec
too$ of 10 years, unless
CC the then cwnerp Of the lots has been recardedo Ggr**iM9
change Said covenants and restrictions in whole Or inPart*to
ndade
7. These covenants #no restrictions shall not be 600
canceled or supplemented unless an instru . veont signed by At least
eighty (so) per cent of the owner* of the aforesaid lott
it
agrooing to change the covenants and C06tvic
placed an recordttons by the
in whole or in part, and any change must be approved
Little Rack Planning Commission,
the 00vd
In the -
event of any attempt to violate any of
dalothoYe
nants or restrictions herein befor.0 thOexpirationorpersonsowninga ctlots
it shall be lawful for any person
in said addition to Pro@*cute any procogdingB 4t law Or in equity
song violating or attempting to V'Qlst*
against the person or pair
restriction, and either to prevent his Or
any such covenant Or
or to recover damage's or other due* for such
doing
violations
N
The invalidation Of any one of that* covenants Or
restrictions by judgment or court order shall in no wise affect
&ny•ol..,,the other provisions, which shall remain In full gorcq and
ji 'This rep vacates and
places the plot and bill Of
Assurance for Marvin 5496 Industrial Acres &a to the part
-Fa2�
W
14- 1, 1. ar
ce -
. 7. - +L PC "tw
PO 7
24, 90
02:28 PM
' MTM &M P 0 8
The considerations set forth In Items one through too
hereby approvnd by the City of Little NoCk Planning COMIssion,
Any Wditional roquiremontd, restrictions or •tAta+Mnts M
entered without review or action by the planning Cemissionj and
shall not be oonalderrd part of the Little hock Planning
Comissionla regviroments for plat approval.
NEWIFN COnPAHJU ING
(Owner 0 to Tr a
Date s,T:+r�= , /11 �__
$TAT$ 0! ARKANSAS)
1
COUNTY OF PULASKI)
laird, Inc• (Owner of Trost "0»)
ACKNOWLEDGEMENT
LITTLE RxIr FLA'"ra(F
FSSe
ION x'F: VLp .0e
On this •L1{ lay of-r,,ru_c 1964, before me, the ut►dessigned, a
Notary Public, duly Commissioned, qualiii■d and acting, within and for the saki
County and State appeared in parson the within naawd
to me personally well known, who stated that he was Cha
VIC-# iroald■nt or the Ra mecca Companies, Tue., a corporation, and was duly authorised In
hie capsalty to exacuts the foregoing instrument for and in the name and behalf of
the sold corporation, and further stated and acktowledgod that be had go aired)
executed and delivered sold foregoing instrument for the consideration, use@ and
►vspooes therein mentioned and not forth.
a•. IN TKSTIMOW 1.�1KRMY, I have hereunto s sq he a fiiclal goal this
day of 4.
't,;'r• �+'' cosedsolon gxpiromi
i s X). $TAT% Or ' MX/W SAd
On this der of , 19640 before we, the undarstried, a
Notary Yubllc, air coawL$too qua! ie end acting, within and for the said
County and State, appeared to pireoe the within named —n ,e ,t'� sre rf
` to Im@ personall well known, ma�tc,,,
y wS►oitate that
■ waste
Wretary o c e gar , Inc., a corporation, &ad was duly authorisad in his capacity
;,. to exacuto 04 foregoing tnstruwnt for and in the nare and behalf of said
eorporattoe, and further stated and acknowledged that they had go signed, executed and
4 ltrers4 amid foroSoing lastru:snt for the conai4■ration, owes and purposes thereto
ssatkoasd sad set fortb.
10 TRrii}t4MrY WKnnl. I haw* hereunto sot d • foetal Baal this
der of,�, lime.
•,�4 fin, n �. r..4r' +' t ' • ' � '.
.s; may,, :�' ;..• •:r
City of Little Rock
1.Department of Neighborhood Revitalization and Planning Planning
723 West Markham Zoning and
Little Rock, Arkansas 72201 Subdivision
(501) 371-4790
ITEM NO. 13
DATE March 29, 1991
DEAR Mr. Hatfield
This letter is to inform you that your request for Request
approval for the Bill of Assurance was reviewed by the
Planning Commission on 3/26/91 The following action
was taken on your application:
I. A. denial as submitted.
B. X approval as requested.
C. deferred to Meeting.
D. additional information.
II. Utility Comments: All utilities comments must be
reflected on revised plats.
Due to the technical aspects of certain plats, there are in
most cases follow-up procedures that need to be done. If
upon receipt of this letter you find that your plat was
approved, please make it a point to contact the Office of
Neighborhood Revitalization and Planning at 371-4790 to find
out what the technical instructions will be.
There may be times in which revised copies of certain plats
are needed. Please make note that no building permits will
be issaed until those copies are received in the Office of
Neighborhood Revitalization and Planning.
Please feel free to call at any time if you have any
problems or concerns.
Sincerely, -
Tad Borkowski
Subdivision Administrator
TB:nm