HomeMy WebLinkAboutS-0548-K ApplicationTHIS INSTRUMENT PREPARED BY:
Douglas S. Robertson
Attorney at Law
501 Ranch Road
Bee Branch, Arkansas 72013
(501) 654-2527
AFTER RECORDING, RETURN TO:
James E. Hathaway, Jr.
The Hathaway Group
100 Morgan Keegan Drive, Suite 120
Little Rock, Arkansas 72202
(501) 663-5400
2003032461
04/08/2083 03:39:44 Pal
Filed 8 Recorded in
Official Records of
CAROLYN STALEY
PULASKI COUNTY
CIRCUIT/COUNTY CLERK
Fees $95.00
ACCESS EASEMENT AGREETMENT
THIS ACCESS EASEMENT AGREEMENT ("Agreement") is made by and between JOE D.
WHISENHUNT and MARGARET H. WHISENHUNT, husband and wife ("Whisenhunt" ), and PFEIFER FAMILY
LIMITED PARTNERSHIP #2, an Arkansas limited partnership ("Pfeifer"), and JAMES E. HATHAWAY, JR. and
GAY HATHAWAY, husband and wife ("Hathaway"), Pfeifer and Hathaway being collectively referred to
hereinafter as "PH."
WITNES SETH:
THAT, WHEREAS, Whisenhunt and PH hold title to adjoining tracts of land (respectively, the
"Whisenhunt Property" and the "PH Property") with frontage on Arkansas Highway No. 10 (Cantrell Road) in the
City of Little Rock, Pulaski County, Arkansas, which land is described, respectively, on EXHIBIT "A" and
EXHIBIT "B," attached hereto and hereby made a part hereof, and,
WHEREAS, the Whisenhunt Property is a portion of a larger tract of land (d "Shoppit Cenfe `_` ;
Property"), described on EXHIBIT "C," attached hereto and hereby made a part liereoi, which WlusenhuK it
developing; and, ti
WHEREAS, the PH Property is a portion of a larger tract of land (the "PCD Property" desenb'�d-,b'
EXHIBIT "D," attached hereto and hereby made a part hereof, which PH is developing; and,
Beach
WHEREAS, Whisenhunt and PH desire to secure the utilization and provide for the design, construction,
and maintenance of an access drive (the "Common Access Drive") straddling the boundary line between the
Whisenhunt Property and the PH Property, lying on, over and across the Whisenhunt Property and the PH Property,
for the purposes of providing vehicular and pedestrian access to and from the Shopping Center Property and PCD
Property from and to Arkansas Highway No. 10 (Cantrell Road), for their benefit, and for the benefit of their heirs,
successors and assigns, and all their lessees, employees, agents, customers, contractors, licensees and invitees, in
their respective uses of the Shopping Center Property and PCD Property;
NOW, THEREFORE, in consideration of the foregoing premises and the terms, conditions, covenants and
provisions contained herein, it is agreed as follows:
1. Grant of Easements.
(a) Easements Across Portions of "isenhunt Property.
(i) Perpetual Access Easement. Subject to the terms and conditions set forth herein, Whisenhunt
hereby grants and conveys to PH, their heirs, successors and assigns, for PHs' and their benefit and for the benefit of
PHs' and their lessees, employees, agents, customers, contractors, licensees and invitees in, to and on the PCD
Property, a perpetual, non-exclusive, easement of access, appurtenant to the PCD Property, over and across that
portion of the Whisenhunt Property ("Easement Area 1") described on EXHIBIT "E," attached hereto and hereby
made a part hereof, for the purposes of unobstructed vehicular and pedestrian ingress and egress, free of charge, to
and from the PCD Property from and to Arkansas Highway No. 10 (Cantrell Road).
(ii) Temporary Construction Easement. Subject to the terms and conditions set forth herein,
Whisenhunt hereby grants and conveys to PH, their heirs, successors and assigns, for PHs' and their benefit and for
the benefit of PHs' and their employees, agents and contractors in, to and on the PH Property, a temporary, non-
exclusive, construction easement, over and across that portion of the Whisenhunt Property within twenty-five feet
(25') of Easement Area 1, for the purposes of providing workspace and areas to store excavated materials, tools,
supplies and equipment for the construction of the Common Access Drive as set forth herein. The temporary
construction easement shall begin when PH, their heirs, successors and assigns, or PHs' or their employees, agents
or contractors commence the initial work on the construction of the Common Access Drive and shall terminate one
(1) year after the work on the Common Access Drive is completed. Upon the completion of the construction of the
Common Access Drive, PH, their heirs, successors and assigns, or PHs' or their employees, agents or contractors
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shall remove all tools, supplies, equipment, excess excavated materials and debris from the temporary construction
easement area. In the event PH, their heirs, successors and assigns, or PHs' or their employees, agents or
contractors cause damage to any fence, curb, paved surface, landscaping or other property within the temporary
construction easement area, PH, their heirs, successors and assigns, or PHs' or their employees, agents or contractors
shall repair or replace such damaged portion(s) thereof with materials of like quality and as nearly as possible to
its/their prior condition. To the extent that the cost of any such repair or replacement is an anticipated cost under a
contract for the construction of the Common Access Drive, such cost shall be subject to reimbursement, as set forth
herein, as such cost shall be considered a cost of constructing the Common Access Drive.
(b) Easements Across Portions of PH Property.
(i) Perpetual Access Easement. Subject to the terms and conditions set forth herein, PH hereby
grants and conveys to Whisenhunt, their heirs and assigns, for Whisenhunts' and their benefit and for the benefit of
Whisenhunts' and their lessees, employees, agents, customers, contractors, licensees and invitees in, to and on the
Shopping Center Property, a perpetual, non-exclusive, easement of access, appurtenant to the Shopping Center
Property, over and across that portion of the PH Property ("Easement Area 2") described on EXHIBIT ' F," attached
hereto and hereby made a part hereof, for the purposes of unobstructed vehicular and pedestrian ingress and egress,
free of charge, to and from the Shopping Center Property from and to Arkansas Highway No. 10 (Cantrell Road).
(ii) Temporary Construction Easement. Subject to the terms and conditions set forth herein, PH
hereby grants and conveys to Whisenhunt, their heirs and assigns, for Whisenhunts' and their benefit and for the
benefit of Whisenhunts' and their employees, agents and contractors in, to and on the Whisenhunt Property, a
temporary, non-exclusive, construction easement, over and across that portion of the PH Property within twenty-five
feet (25') of Easement Area 2, for the purposes of providing workspace and areas to store excavated materials, tools,
supplies and equipment for the construction of the Common Access Drive as set forth herein. The temporary
construction easement shall begin when Whisenhunt, their heirs and assigns, or Whisenhunts' or their employees,
agents or contractors commence the initial work on the construction of the Common Access Drive and shall
terminate one (1) year after the work on the Common Access Drive is completed. Upon the completion of the
construction of the Common Access Drive, Whisenhunt, their heirs and assigns, or Whisenhunts' or their
employees, agents or contractors shall remove all tools, supplies, equipment, excess excavated materials and debris
from the temporary construction easement area. In the event Whisenhunt, their heirs and assigns, or Whisenhunts'
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or their employees, agents or contractors cause damage to any fence, curb, paved surface, landscaping or other
property within the temporary construction easement area, Whisenhunt, their heirs and assigns, or Whisenhunts' or
their employees, agents or contractors shall repair or replace such damaged portion(s) thereof with materials of like
quality and as nearly as possible to its/their prior condition. To the extent that the cost of any such repair or
replacement is an anticipated cost under a contract for the construction of the Common Access Drive, such cost shall
be subject to reimbursement, as set forth herein, as such cost shall be considered a cost of constructing the Common
Access Drive.
2. Common Access Drive. The Common Access Drive, which the parties desire to secure the utilization
and provide for the design, construction, and maintenance of, is shown on EXHIBIT "G," attached hereto and
hereby made a part hereof. The Common Access Drive, as shown on said EXHIBIT "G," shall lie within an area
comprised of Easement Area 1 and Easement Area 2 (collectively, the "Common Easement Area") and a portion of
the Arkansas Highway No. 10 (Cantrell Road) right-of-way, immediately south of and adjoining said Common
Easement Area, extending southwards from said Highway's north right-of-way line to the paved portion of said
Highway. The Common Access Drive shall be designed, constructed, and maintained, within the Common
Easement Area and Arkansas Highway No. 10 (Cantrell Road) right-of-way, as set forth herein.
(a) Design.
(i) Minimum Criteria. The portion of the Common Access Drive constructed within the
Common Easement Area shall be curbed and guttered with concrete, shall be constructed to a `heavy duty' service
standard that shall contain at least ten inches (10") of crushed stone base material (SB-2) and four inches (4") of
suitable asphalt surfacing (Type 2 surface course) and the sub -grade and stone base materials of said drive shall be
compacted to at least ninety-five percent (95%) of their Modified Proctor densities. The portion of the Common
Access Drive constructed within the Arkansas Highway No. 10 (Cantrell Road) right-of-way shall be a curbed
concrete apron, reinforced with wire or fiber mesh, at least eight inches (8") in thickness, which reinforced concrete
apron shall extend the full width and length of said drive within said Highway's right-of-way, extending southwards
from said Highway's north right-of-way line to the paved portion of said Highway. Said apron shall be underlain by
at least eight inches (8") of crushed stone base material (SB-2) and the sub -grade and stone base materials
underlying said apron shall be compacted to at least ninety-five percent (95%) of their Modified Proctor densities.
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(ii) Preparation of Plans. Prior to constructing the Common Access Drive, the person or party
constructing said drive (for the purposes of this Agreement, the `person or party constructing said drive' refers to the
person or party contracting or initially paying for the construction of said drive) shall cause, at his and/or its sole
cost, a registered professional engineer to prepare a set of plans and specifications for the construction of said drive
incorporating the design criteria and requirements set forth herein. Such plans and specifications shall include, but
not be limited to, dimensioning, grading, drainage, paving and utility plans along with standard
engineering/construction details therefor. Further, such plans shall include all relevant topographic information
about existing and finished/final grades or elevations on said drive as well as existing grades or elevations on those
portions of the Whisenhunt Property and PH Property within sixty feet (60') of said drive. Such plans and
specifications shall in good faith attempt to balance the interests of the parties holding title to the Whisenhunt
Property and PH Property, particularly with regard to the finished/final grade or elevation of said drive in relation to
existing and/or proposed finished/final grades or elevations on the Whisenhunt Property and PH Property.
(iii) Right of Approval Over Plans. The person causing the plans and specifications for the
construction of the Common Access Drive to be prepared, in the event such person is not a parry, shall present such
plans and specifications to the parties holding title to the Whisenhunt Property and PH Property for review,
comment and approval. In the event the person causing such plans and specifications to be prepared is a party, such
party shall present such plans and specifications to the other party for review, comment and approval. The parties or
other party, as the case may be, shall have twenty (20) days, after receipt pf such plans and specifications, in which
to review, make comments and/or reasonable objections to such plans and specifications, after which time, if there
have been no comments or objections, said plans and specifications shall be deemed approved.
(iv) Resolution of Disputes. In the event the parties cannot agree upon the plans and
specifications for the construction of the Common Access Drive, they shall select a mutually agreed upon registered
professional engineer to resolve any dispute over such plans and specifications. Prior to any decision as to the
resolution of any such dispute, said engineer shall review all criteria and requirements for said drive's design set
forth in this Agreement, the plans and specifications which have been prepared and the stated objection(s) and/or
disagreement(s) of the parties and/or their agents regarding such plans and specifications. The decision of said
engineer as to the resolution of any such dispute shall be final.
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(b) Construction. The construction of the Common Access Drive within the Common Easement Area
and the Arkansas Highway No. 10 (Cantrell Road) right-of-way shall be in conformity with approved plans and
specifications for said drive as provided for herein. The first party to construct a building on either the Whisenhunt
Property or PH Property shall, provided the Common Access Drive has not already been constructed, concurrently
with the construction of said building, construct the Common Access Drive and pay the costs of such construction.
(i) Competitive Contract. Prior to constructing the Common Access Drive, the person or party
desiring to construct the Common Access Drive shall submit for approval to the parties or other party, as the case
might be, notice of the unit prices relevant to such construction received from its chosen contractor. If such pricing
is not approved (such approval not to be unreasonably withheld) by the parties or party, as the case might be, then,
prior to constructing said drive, the person or party so desiring to construct said drive shall seek and receive
competitive bids, from at least three reputable contractors, for the construction of said drive. All bids or offers for
the construction of said drive shall be based on approved plans and specifications for said drive as provided for
herein. In the event the person or party desiring to construct the Common Access Drive is seeking to contract for
the construction of said drive alone or said drive in conjunction with other related driveway(s) and/or parking lot(s)
only, the contractors' bids for such construction shall be by unit price. In the event the person or party desiring to
construct the Common Access Drive is seeking to contract for the construction of said drive as part of a contract that
includes the construction of a building, the contractors' bids as they relate to all work, other than the construction of
the building(s), shall be by unit price. The contractor with the lowest bid for the construction of said drive shall
construct the same. The foregoing procedure shall govern unless otherwise agreed in writing by the parties at the
time such bids are solicited and evaluated.
(ii) Inspection and Testing. The person or party constructing the Common Access Drive shall
give the parties or other party, as the case might be, notice of the following benchmarks in the construction of said
drive: when the sub -grade is completed and ready to receive installation of the stone base material (but before any
such installation); when installation of the stone base material has been completed (but before asphalt is laid); and,
the time(s) and date(s) on which asphalt is going to be laid. Further, at the time the person or party constructing the
said drive gives notice of such benchmarks, said person or party shall provide to the parties or other party, as the
case might be, copies of the results of any geo-technical tests related to said drive. The parties or other party
receiving such notices and test results shall have one full working or weekday immediately following any such
notice in which to inspect and perform geo-technical density tests on said drive, should they or he so elect. If the
parties or other party receiving such notices perform any geo-technical density tests on said drive and the results of
any such test does not indicate the material density required under paragraph 2(a)(i), the person or party constructing
said drive shall correct the problem with the density of such material in said drive and pay for the cost of such geo-
technical testing.
(iii) Reimbursement of Costs.
(A) Construction Related to PCD Property. In the event the party holding title to the PH
Property or any person holding title to any other portion of the PCD Property constructs the Common Access Drive,
said party or person shall, at the completion of the construction of said drive, furnish the party holding title to the
Whisenhunt Property a detailed listing, by unit price, of the costs incurred in constructing said drive, which detailed
listing of costs shall be certified by a registered professional engineer, and the party holding title to the Whisenhunt
Property shall, upon being furnished such detailed listing of such costs, immediately reimburse the party holding
title to the PH Property forty and fifty-five hundredths percent (40.55%) of the cost of constructing said drive; and,
thereafter, the party holding title to the Whisenhunt Property shall, concurrent with the acquisition of a building
permit for the construction of a building on the Whisenhunt Property or the regular use of the Common Access
Drive by the owners, lessees, employees, agents, customers, contractors, licensees or invitees of any portion of the
Shopping Center Property (the "Whisenhunt Property Reimbursement Triggering Event"), reimburse the party
holding title to the PH Property an additional twenty-four and sixteen hundredths percent (24.16%) of the cost of
constructing said drive, exclusive of engineering and design costs incurred by the party or person constructing said
drive.
(B) Construction Related to Shopping Center Property. In the event a party holding title to
the Whisenhunt Property or any person holding title to any other portion of the Shopping Center Property constructs
the Common Access Drive, said party or person shall, at the completion of the construction of said drive, furnish the
party holding title to the PH Property a detailed listing, by unit price, of the costs incurred in constructing said drive,
which detailed listing of costs shall be certified by a registered professional engineer; and, thereafter, the party
holding title to the PH Property shall, concurrent with the acquisition of a building permit for the construction of a
building on the PH Property or the regular use of the Common Access Drive by the owners, lessees, employees,
agents, customers, contractors, licensees or invitees of any portion of the PCD Property (the "PH Property
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Reimbursement Triggering Event"), reimburse the party holding title to the Whisenhunt Property thirty-five and
twenty-nine hundredths percent (35.29%) of the cost of constructing said drive, exclusive of engineering and design
costs incurred by the party or person constructing said drive.
(c) Maintenance.
(i) Standard. The Common Access Drive shall be kept, maintained and repaired in a `first class'
manner and condition. The Common Access Drive shall be kept and maintained free and clear of dirt, trash, debris,
snow and ice. The surface of the Common Access Drive shall be kept, maintained and repaired in a smooth
condition, free of bumps, humps, or holes; and, the surface of said drive shall also be kept, maintained and repaired
so as to be free of any cracks or holes that either significantly impair the remaining life of said drive's surface
material or allows water to reach, penetrate, infiltrate or saturate said drive's stone base material or sub -grade. The
maintenance and repair of the Common Access Drive contemplated herein includes, but is not limited to, the
resurfacing and/or reconstruction of said drive.
(ii) Duty and Share of Costs. Except as otherwise set forth herein, the duty to perform
maintenance upon and make repairs to the Common Access Drive shall be the mutual obligation of the parties. The
party constructing the Common Access Drive (for the purposes of this Agreement, construction of the Common
Access Drive by a person holding title to any portion of the Shopping Center Property shall be considered and
deemed to be construction of said drive by the party holding title to the Whisenhunt Property, and, vice -versa,
construction of the Common Access Drive by a person holding title to any portion of the PCD Property shall be
considered and deemed to be construction of said drive by the party holding title to the PH Property) shall be wholly
responsible for the costs of maintaining and repairing said drive until the occurrence of a Reimbursement Triggering
Event, after which event both parties shall equally share the maintenance and repair costs of the Common Access
Drive. Notwithstanding anything to the contrary contained herein, with regard to the performance of maintenance,
and the payment of costs therefore, related to keeping the Common Access Drive free and clear of dirt, trash, debris,
snow and ice, the parties shall not seek reimbursement from each other for such costs, but rather, the parties shall
alternate responsibility for the performance of such maintenance and the payment of costs therefor on an annual
basis; the party constructing the Common Access Drive shall be responsible for the performance of such
maintenance and the payment of costs therefor through the first year following the occurrence of a Reimbursement
Triggering Event related to the other party's property and thereafter responsibility for the performance of such
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maintenance and the costs therefor shall alternate between the parties annually. The consent of both parties shall be
required for all other maintenance and repairs of the Common Access Drive, which consent shall not be
unreasonably withheld or delayed, provided that such maintenance and repairs are consistent with the maintenance
and repair standards set forth herein.
(iii) Reimbursement of Costs. A party seeking reimbursement from the other party, for the other
party's share of the Common Access Drive's maintenance and repair costs, shall submit a written request for
reimbursement to the other party, such request shall provide reasonable evidence of such costs and the party's
payment thereof; and, within thirty (30) days of receipt of such request, the other party shall reimburse such party its
share of such costs.
(iv) Reallocation of Costs. Notwithstanding anything to the contrary contained herein, in the
event one party, at that parry's cost, or both parties, at their mutual cost, cause a traffic study of the Common Access
Drive to be performed, by a professional traffic engineer mutually agreed upon by the parties, in order to determine
a fair allocation of the costs of maintaining and repairing said drive, the costs of maintaining and repairing the
Common Access Drive shall be allocated among the parties upon the basis of estimated usage of said drive, as
determined from such study, taking into account the estimated number and weight of vehicles using said drive for
access to and from the Shopping Center Property and PCD Property respectively.
3. Access Control. The number, location, direction and size (width) of the drives, curb cuts or access
points entering/exiting onto the Common Access Drive from the Whisenhunt Property or PH Property, as the case
may be, shall be limited to those drives, curb cuts or access points as shown on EXHIBIT "G" and the plan for
traffic control devices (the "Traffic Control Device Plan") attached hereto as EXHIBIT "H," and hereby made a part
hereof. It is understood and agreed that one such drive, curb cut or access point from the Whisenhunt Property onto
the Common Access Drive shall be the proposed drive (the "Proposed Drive") extending northwards from the
northern end of the Common Access Drive as if the Common Access Drive itself was being extended. Except as
shown on EXHIBIT "G" and EXHIBIT "I-L" no drives, curb cuts or access points shall enter/exit onto the Common
Access Drive from the Whisenhunt Property or PH Property. Nothing herein is intended to require the construction
of any such drives, curb cuts or access points at the time the Common Access Drive is constructed or at any time
thereafter; however, in the event any such drive, curb cut or access point is constructed it shall be constructed in the
location, in the direction and to the size (width) as shown on EXHIBIT "G" and EXHIBIT "H."
4. Traffic Control Devices. The Common Access Drive and the drives, curb cuts or access points
entering/exiting onto the Common Access Drive from the Whisenhunt Property or PH Property shall, from the time
of its and their construction, contain signs and pavement markings (collectively, "Traffic Control Devices"),
providing for the orderly control of vehicular traffic, as shown on EXHIIBIT "H." The costs of constructing and
maintaining such Traffic Control Devices on the Common Access Drive shall be considered part of the costs of
constructing and maintaining the Common Access Drive under paragraph 2 hereof. The costs of constructing and
maintaining such Traffic Control Devices on the drives, curb cuts or access points entering/exiting onto the
Common Access Drive from the Whisenhunt Property or PH Property shall be costs borne by the party holding title
to the land over which any such drive, curb cut or access point was constructed. All Traffic Control Devices shall be
maintained in good condition. No Traffic Control Devices shall be placed or maintained on the Common Access
Drive except as shown on EXHIBIT "H." No Traffic Control Devices shall be placed or maintained on those
portions of the drives, curb cuts or access points, shown on EXHIBIT "H," entering/exiting onto the Common
Access Drive from the Whisenhunt Property or PH Property, except as shown on EXHIBIT "H." Notwithstanding
the foregoing, EXHIBIT "IT' shall be subject to modifications required by the City of Little Rock, Arkansas, and/or
the Arkansas Highway and Transportation Department pursuant to their/its legal authority.
5. Indemnifications: Insurance. The parties shall indemnify and save the other party harmless from all
claims, judgments, costs of defense, including reasonable attorneys' fees, for damage to property, injury or death
occurring on their respective properties. The parties shall carry, at their own cost, general public liability insurance
covering their respective properties with a combined bodily injury, death and property damage limit of not less than
Two Million Dollars ($2,000,000.00) per occurrence. All such insurance shall name the other party as an additional
insured and shall contain a waiver of subrogation against such other party. Each party shall Rurnish, annually, to the
other party a certificate of insurance, or copy thereof, evidencing the insurance coverage required under this
paragraph.
6. Further Action. The parties shall, with reasonable promptness, undertake such actions in accordance
with this Agreement and applicable law as shall be reasonably necessary and appropriate to carry out and put into
effect that which is contemplated herein.
7. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the
parties hereto and their respective heirs, personal representatives, successors and assigns. The terms `party' or
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`parties' as used herein shall mean the person or persons presently or hereafter holding title to or having a fee simple
interest in any portion of the Whisenhunt Property or PH Property.
8. Duties and Obligations Run With Land. Each and all of the duties, obligations, terms, conditions,
covenants and provisions contained herein shall run with the Whisenhunt Property and PH Property; and, such
duties, obligations, terms, conditions, covenants and provisions contained herein shall touch, concern, encumber,
bind and inure to the benefit of every person; now and in the future, holding title to or having a fee simple interest in
any portion of the Whisenhunt Property or PH Property. Notwithstanding the foregoing, the rights and benefits
conferred by and through the perpetual access easements granted in paragraph 1 run with, and are appurtenant to, the
whole PCD Property on the one hand and the whole Shopping Center Property on the other.
9. Discharge of Rights and Duties_ Upon Transfer. In the event of assignment, transfer or conveyance of
the whole of the interest of any party in and to the Whisenhunt Property or PH Property, without such party retaining
any interest therein, other than a collateral security interest through a mortgage or deed of trust, the powers, rights,
duties, obligations and interests conferred on and assumed by such party herein shall be deemed assigned,
transferred or conveyed to such assignee, transferee or grantee and the duties and obligations of the parry so
assigning, transferring and conveying such interest shall be discharged.
10. Abandonment. The easements granted herein shall not be forfeited or abandoned for non-use.
11. Notice. All notices, elections or other communications that may be required or permitted under this
Agreement shall be in writing and signed by the party, or the party's agent or attorney, giving such notice, election
or other communication, and shall be delivered personally or sent by certified or registered mail, return receipt
requested, to the other party to whom the notice, election or communication is directed at the address(es) of such
other party as set forth herein or at any subsequent address(es) a party may hereafter designate by written notice in
accordance with the terms of this provision. The date of service of a notice, election or other communication shall
be the date of personal delivery, or if sent by mail, the date of delivery as evidenced on the return receipt.
If to PH, to: Pfeifer Family Limited Partnership #2
c/o Eugene M. Pfeifer, III, General Partner
P.O. Box 99
North Little Rock, Arkansas 72115
Telephone: (501) 371-4229
Facsimile: (501) 372-8135
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with copy to: Christopher O. Parker
Eichenbaum, Liles & Heister, P.A.
Attorneys at Law
124 West Capitol Avenue, Suite 1400
Little Rock, Arkansas 72201
Telephone: (501) 376-4531
Facsimile: (501) 376-8433
and to: James E. Hathaway, Jr. and
Gay Hathaway
c/o The Hathaway Group
100 Morgan Keegan Drive, Suite 120
Little Rock, Arkansas 72202
Telephone: (501) 663-5400
Facsimile: (501) 663-5408
If to Whisenhunt, to: Joe D. Whisenhunt and
Margaret H. Whisenhunt
51 Coffeen Avenue, Suite 101, PMB 284
Sheridan, Wyoming 82801
Telephone: (307) 683-3368
and to: Joe D. Whisenhunt and
Margaret H. Whisenhunt
c/o Harmony Meadows Ranch
1563 Ranch Road
Bee Branch, Arkansas 72013
Telephone: (501) 654-2712
Facsimile: (501) 654-8181
with copy to: Douglas S. Robertson
Attorney at Law
501 Ranch Road
Bee Branch, Arkansas 72013
Telephone: (501) 654-2527
Facsimile: (501) 654-2827
12. Attorney Fees. In the event either party brings or defends an action or proceeding against the other
party, which arises out of this Agreement, the prevailing party in such action or proceeding shall be entitled to
recover from the other party, in addition to any other relief or award granted, its reasonable attorneys' fees,
disbursements and court costs. In the event either party (the "Intervener") is not in default in the payment or
performance of its obligations under this Agreement and such party becomes a party or movant in any bankruptcy,
insolvency or probate action or proceeding which purports to affect either parties' interest under this Agreement, the
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Intervener shall be entitled to recover from the other parry, in addition to any other relief or award granted, its
reasonable attorneys' fees, disbursements and court costs incurred in connection with such action or proceeding.
13. Paragranb I3eadins. The heading or title of any paragraph appearing in this Agreement, and the order
of its listing, is for convenience of reference only and shall not be used in any way to define, limit, simplify or aid in
the interpretation of the terms, conditions, provisions and requirements hereof.
14. Gender and iNtimber. Whenever masculine, feminine, neuter, singular, plural, conjunctive or
disjunctive terms are used in this Agreement, they shall be construed to read in whatever form is appropriate to
make this Agreement applicable to all parties and all circumstances, except where the context of this Agreement
clearly dictates otherwise.
15. Materiality. Each and every term, condition, covenant, provision and requirement contained herein is
material to this Agreement.
16. Severabili In the event any term, condition, provision, section, paragraph, sentence, clause, phrase
or word contained in this Agreement, or the application thereof in any circumstances, is held by a court of competent
jurisdiction to be illegal, invalid or unenforceable, the validity and enforceability of the remainder of this
Agreement, and the application of any such any term, condition, provision, section, paragraph, sentence, clause,
phrase or word in other circumstances, shall not be affected thereby.
17. Waiver Not Implied. The failure or forbearance of either party to exercise or enforce any right or
remedy under this Agreement, or at law or in equity, on any one or more occasions shall not be deemed to imply or
constitute a further waiver of the same or any other term, condition, provision or requirement of this Agreement,
such right or remedy or any other term, condition, provision or requirement of this Agreement shall continue to
remain in full force and effect as if no such forbearance or waiver had occurred.
18. Entire AgEeement. This Agreement constitutes the sole, entire and only agreement between the parties,
pertaining to the subject matter hereof, and except to the extent specifically provided for herein, this Agreement
supercedes and voids all prior agreements and understandings of the parties in connection therewith. No term,
condition, covenant, provision or warranty not expressly incorporated herein shall be effective to interpret, change
or restrict this Agreement.
18. Amendment. No amendment, modification, change or alteration of this Agreement shall be effective
unless the same shall be in writing, dated subsequent to the date hereof, and executed by the parties.
-13-
20. Governing Law. This Agreement and the rights and obligations of the parties hereto shall be governed
by, construed and enforced in accordance with the laws of the State of Arkansas.
21. Counterparts. This Agreement may executed in two or more identical counterparts, each of which,
when executed, shall constitute an original.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates shown.
WHISENHUNT:
JOE D. WHISENHUNT and MARGARET H. WHISENHUNT,
husband and wife
iWhisenhunt
Lff
Margar t . Whisenhunt
Date: MI6
Date: :5 - % 4- 03
-14-
PH:
PFEIFER FAMILY LIMITED PARTNERSHIP #2,
an Arkansas Iimite ip
By:
``�' Date: � 1� b 3
Eugene . Pfeifer, III, eral artner
-15-
JAMES E. HATHAWAY, JR-, and GAY HATHAWAY,
husband and wife
Aam 2 Hathaway, Jr.
Gay Hath�:V
-16-
Date:
Date:
Doc# 2003032461
WfUSENHUNTS' TENANT'S CONSENT
KROGER LIMITED PARTNERSHIP 1, an Ohio limited partnership, Whisenhunts' tenant in and on a
portion of the Shopping Center Property described in the foregoing Agreement, for and in consideration of the
benefit of the foregoing Agreement to the Shopping Center Property, does hereby agree and consent to the same.
KROGER LIMITED PARTNERSHIP 1,
an Ohio limited partnership
By: KRGP, INC., its General Partner
By: Q-A-A— Date: � Zja 16-3
c and L. Tillman, Nesident
Delta Marketing Area
WHISENHUNTS' MORTGAGEE$ CONSENT
U.S. BANK NATIONAL ASSOCIATION, as Whisenhunts' mortgagee in and of the Whisenhunt Property
described in the foregoing Agreement, for and in consideration of the benefit of the foregoing Agreement to the
Whisenhunt Property, does hereby consent to the same.
U.S. BANK NATIONAL ASSOCIATION
By: Date:
Roger Cole, Vice President
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Doc# 2003032461
PHS' PROSPECTIVE PURCHASER'S CONSENT
TWIN CITY BANK, having entered into an agreement with PH for the purchase of the PH Property
described in the foregoing Agreement, acknowledges receipt of the foregoing Agreement and, for and in
consideration of the benefit of said Agreement to the PH Property, does hereby consent to the same.
TWIN CI ANK
By: Date: L7 ZV
PHS' MORTGAGEE'S CONSENT
TWIN CITY BANK, as PHs' mortgagee in and of the PCD Property described in the foregoing Agreement,
for and in consideration of the benefit of the foregoing Agreement to the PCD Property, does hereby consent to the
same.
TWIN CITY BANK
ByADate: �% Q
a President
f'CG
-18-
Doc# 2003032461
EXH"IT "A"
WHISENUNT PROPERTY
Part of the SE% SE%, Section 18, and part of the NE% NE%, Section 19, T-2-N, R-13-W,
Pulaski County, Arkansas, described as: COMMENCING at the Northeast Corner of said
SE% SEA thence S 00042'40" W, along the East line of said SE% SE%, 1063.53 feet to
the POINT OF BEGINNING; thence S 00042'40" W, along said East line, 258.87 feet to
the Southeast Corner of said SE% SE%, said Corner also being the Northeast Corner of
said NE% NE%; thence S 01 °02'40" W, along the East line of said NE% NE'/<, 100.32
feet to the North Right -of -Way line of Arkansas Highway No. 10 (Cantrell Road); thence
along said North Right -of -Way line the following courses and distances: N 66026'06" W,
162.67 feet; N 76043'32" W, 82.81 feet to the Southeast Corner of Lot 3, Candlewood
Commercial Subdivision, Little Rock, Arkansas; thence N 00°42'40" E, along the East
line of said Lot 3, 278.00 feet; thence S 89°17'20" E, 231.31 feet to the POINT OF
BEGINNING, Containing, in said SE% SE%, 1.382 Acres (60,201.87 sq. ft.), more or
less, and, in said NE% NEA 0.282 Acres (12,284.31 sq. ft.), more or less, an Aggregate
of 1.664 Acres (72,486.18 sq. ft.), more or less.
(E)CHIBIT "A," Page 1 of 1)
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Doc# 200303246.1
EXTUBIT "B"
PH PROPERTY
Part of the SW% SWA Section 17, and part of the NW%4 NWY4, Section 20, T-2-N,
R-13-W, Pulaski County, Arkansas, described as: COMMENCING at the Southwest
Corner of said SW% SWA said Corner also being the Northwest Corner of said
NW% NWA the POINT OF BEGINNING; thence N 01028'14" E, along the West line of
said SW% SW%4, 181.70 feet; thence S 88°31'46" E, 188.50 feet; thence S 01028'14" W,
269.55 feet; thence S 20021'22" W, 86.81 feet to the North Right -of -Way line of Arkansas
Highway No. 10 (Cantrell Road); thence along said North Right -of -Way line the following
courses and distances: N 69°38'32" W, 6.56 feet; N 64°09'58" W, 134.91 feet;
N 63-38-51" W, 10.21 feet; N 69°58'46" W, 23.87 feet to the West line of said
NW% NW%; thence N 01049'11" E, along said West line, 100.30 feet to the POINT OF
BEGINNING, Containing, in said SW% SWY4, 0.78628 Acres (34,250.45 sq. ft.), more or
less, and, in said NW% NW%, 0.5791 Acres (25,227.55 sq. ft.), more or less, an
Aggregate of 1.3654 Acres (59,478 sq. ft.), more or less; the same ALSO BEING
KNOWN AS: Lot 1, Candlewood East, Little Rock, Arkansas, as shown on the plat filed
in the real estate records of Pulaski County, Arkansas, in Plat Book "G," at Page 620.
(EXHIBIT "B," Page 1 of 1)
-20-
DOC# 2003032461
EXHIBIT "C"
SHOPPING CENTER PROPERTY
Part of the SE% SE%, Section 18, and part of the NE% NE%, Section 19, T-2-N, R-13-W,
Pulaski County, Arkansas, described as: COMMENCING at the Northeast Corner of said
SE% SE'/4, the POINT OF BEGINNING; thence S 02°39'00" E, along the East line of
said SEY4 SEA 1322.44 feet to the Southeast Corner of said SE% SEY4, said Corner
also being the Northeast Corner of said NE% NEY4; thence S 02"19'00" E, along the
East line of said NE% NE%, 100.32 feet to the North Right -of -Way line of Arkansas
Highway No. 10 (Cantrell Road); thence along said North Right -of -Way line the following
courses and distances: N 69°47'46" W, 162.67 feet; N 80005'12" W, 130.15 feet;
N 75-21'11" W, 141.02 feet; N 79059'19" W, 205.68 feet; N 85*29'19" W, 205.68 feet;
S 86040'25" W, 70.45 feet to the East Right -of -Way line of Candlewood Drive; thence
along said East Right -of -Way line the following courses and distances: N 02053'03" W,
526.22 feet; N 14*11'26" W, 76.48 feet; Northeasterly on a curve to the right having a
Radius of 147.33 feet, an Arc length of 211.33 feet and a Chord bearing and distance of
N 38012'42" E, 193.67 feet; N 79018'28" E, 77.96 feet; N 79019'00" E, 169.30 feet;
Northeasterly on a curve to the left having a Radius of 208.74 feet, an Arc length of
191.55 feet and a Chord bearing and distance of N 53"06'00" E, 184.90 feet;
Northeasterly on a curve to the left having a Radius of 208.74 feet, an Arc length of
107.48 feet and a Chord bearing and distance of N 11 °54'00" E, 106.30 feet;
Northwesterly on a curve to the left having a Radius of 462.50 feet, an Arc length of
207.84 feet and a Chord bearing and distance of N 15032'00" W, 206.10 feet;
Northwesterly on a curve to the right having a Radius of 392.15 feet, an Arc length of
33.51 feet and a Chord bearing and distance of N 25°33'00" W, 33.50 feet to the North
line of said SE% SEY4; thence East, along said North Line, 412.00 feet to the POINT OF
BEGINNING, Containing 20.7204 Acres (902,580.62 sq. ft.), more or less.
(EXEMIT "C," Page 1of 1)
-21-
Doc# 2003032461
EXHIBIT "D"
PC❑ PROPERTY
Part of the SW% SW%, Section 17, and part of the NW% NW%, Section 20, T-2-N,
R-13-W, Pulaski County, Arkansas, described as: COMMENCING at the Southwest
Corner of said SW% SWA said Corner also being the Northwest Corner of said NW%
NW%4, the POINT OF BEGINNING; thence N 01 °28'14" E, along the West line of said
SW'/ SW%, 181.70 feet; thence S 88031'46" E, 304.08 feet; thence Southwesterly on a
curve to the left having a Radius of 1030.00 feet, an Arc length of 161.50 feet and a
Chord bearing and distance of S 04021'51" W, 161.33 feet; thence S 00007'40" E, 27.39
feet to the South line of said SW% SWA said South line also being the North line of said
the NW% NW%; thence S 00007'40" E, 20.03 feet; thence S 87012'55" E, 10.01 feet;
thence S 00°07'40" E, 195.11 feet; to the North Right -of -Way line of Arkansas Highway
No. 10 (Cantrell Road); thence along said North Right -of -Way line the following courses
and distances: N 69°38'32" W, 167.53 feet; N 64°09'58" W, 134.91 feet; N 63038'51" W,
10.21 feet; N 69058'46" W, 23.87 feet to the West line of said NW% NW%; thence
N 01 °49'11" E, along said West line, 100.30 feet to the POINT OF BEGINNING,
Containing 2.401 Acres (104,587.56 sq. ft.), more or less; the same ALSO BEING
KNOWN AS: Lots 1, 2 and 3, Candlewood East, Little Rock, Arkansas, as shown on the
plat filed in the real estate records of Pulaski County, Arkansas, in Plat Book "G," at Page
620.
(E)CIHEBIT "D," Page 1 of 1)
-22-
DOC## 2003032461
EXHIBIT "E"
EASEMENT AREA 1
Part of the SE% SE%, Section 18, and part of the NE% NE%, Section 19, T-2-N, R-13-W,
Pulaski County, Arkansas, described as: COMMENCING at the Northeast Corner of said
NE% NEA the POINT OF BEGINNING; thence S 01°49'11" W, along the East line of
said NE%. NE%, 100.30 feet to the North Right -of -Way line of Arkansas State Highway
No. 10 (Cantrell Road); thence N 65040139" W, along said North Right -of -Way line, 22.74
feet; thence N 01°49'11" E, 53.23 feet; thence N 00°49'55" W, 73.97 feet; thence
N 07°33'40" W, 51.70 feet; thence N 79022'36" E, 30.00 feet; thence Southeasterly on a
curve to the left having a Radius of 10.00 feet, an Arc length of 6.13 feet and a Chord
bearing and distance of S 28011'25" E, 6.04 feet to the East line of said SE% SE%;
thence S 01*28'14" W, along said East line, 87.77 feet to the POINT OF BEGINNING,
Containing 0.1017 Acres (4,431.03 sq. ft.), more or less.
(EXHIBIT "E," Page 1 of 1)
-23-
Doc#$ 2003032461
EXHIBIT "F"
EASEMENT AREA 2
Part of the SW% SW%, Section 17, and part of the NW% NW%, Section 20, T-2-N, R-13-
W, Pulaski County, Arkansas, described as: COMMENCING at the Northwest Corner of
said NW% NW%, the POINT OF BEGINNING; thence S 01 °49'11" W, along the West
line of said NW% NW%, 100.30 feet to the North Right -of -Way line of Arkansas State
Highway No. 10 (Cantrell Road); thence S 69658'46" E, along said North Right -of -Way
line, 16.26 feet; thence N 01°52'22" E, 32.75 feet; thence N 01048'11" IN, 68.00 feet;
thence Northwesterly on a curve to the right having a Radius of 76.00 feet, an Arc length
of 7.66 feet and a Chord bearing and distance of N 07026'50" W, 7.66 feet; thence
N 05-04-59" W, 42.15 feet; thence Northwesterly on a curve to the left having a Radius
of 465.00 feet, an Arc length of 21.33 feet and a Chord bearing and distance of
N 05°52'21" W, 21.33 feet; thence N 09°16'16" W, 19.37 feet to the West line of said
SW% SW%; thence S 01"28'14" W, along said West line, 77.23 feet to the POINT OF
BEGINNING, Containing 0.0429 Acres (1,871.22 sq. ft.), more or less; the same being a
part of Lot 1, Candlewood East, Little Rock, Arkansas, said Lot 1 being shown on the plat
filed in the real estate records of Pulaski County; Arkansas, in Plat Book "G," at Page
620.
(EXHIBIT "F," Page 1 of 1)
-24-
Doc# 2003032461
EASEMENT AREA 1
EXHIBIT " G°
COMMON ACCESS DRIVE
Delta=35'08'03"
T=3.17'
R=10.00'
L=6.13'
CH=S 28'11'25" E
CL=6.04'
=n-
l.'i -li
04
Ln
C �
Zf ,Nic0
PULASKI COUNTY, ARKANSAS 1
Delta=05'46'40""
T=3.84';'-
���. R=76.00'��.i
r
CH=N 07'26 50 W
f z _CL=7.66'
NE a
_ r.
w
COMMON ACCESS DRIVE
Raw o,
Z
{
N 65'40'39" W
q 22.74'
R�q lsq
S
a
N 09' 16' 16" W
19.37'
Delta=02'37'42"
T=10.67'
R=465.00'
L=21.33'
CH=N 05'52'21" W
CL=21.33'
P.O.B. w l r ='dlr fr
(EASEMENT AREA 1) E ^ T ;
(EASEMENT AREA 2) I --';
7
SW CORNER SW 1/4
SW 1 /4 SECTION 17
T-2—N R-13—W
ZE
r• ) O idVV4 .. 'off v 4
i' Ors } f Y
Vr•' U7' f.
d EASEMENT AREA 2
F
r / in cv
f r' 104
cV r.0
�tO
C r
s AWN
r�,,� �q�Es1 cywq Y
NO
0
R/kr
\— S 69'58'46" E
16.26'
30 15 0 30 6
5L
GRAPHIC SCALE 1 " = 30'
-25-
(EXHIBIT r'G,r' Page 1 of 1)
Doc# 2003032461.
EXHIBIT "H"
TRAFFIC CONTROL DEVICE PLAN
ti
�w
30
DR
4" SOLID SINGLE
YELLOW STRIPING
COMMON ACCESS DRIVE
Al
ry
4" SOLID DOUBLE �� I
YELLOW STRIPING
12" SOLID WHITE y �•_, I
STOP/YIELD BAR / I
STOP SIGN/ ' {
4" SOLID SINGLE
WHITE STRIPING
8' SOLID WHITE LETTERING
AHTD TYPICAL
SOLID WHITE'
TURN ARROWS
AHTD TYPICAL
STOP SIGN
gNSgs S
rq rz ti
}STOP SIGN WITH
i DO NOT ENTER
EXIT ONLY"
SIGN ON REVERSE SIDE
12" SOLID WHITE
'ter Kv-.
STOP/YIELD BAR
4~ SOLID WHITE ARROW
AHTD TYPICAL
INSTALL DO NOT ENTER
11 Try. EXIT ONLY"
SIGN AND POST
r
0�/ly 1A��S�G'ywq Y
NO. 7,0
SOLID SINGLE
LLOW STRIPING
SW CORNER SW 1/4
SW 1 /4 SECTION 17
T-2—N, R-13—W
PULASKI COUNTY, ARKANSAS
STOP SIGN
12" SOLID WHITE
STOP/YIELD BAR
k'��/
4" SOLID DOUBLE
YELLOW STRIPING
12" SOLID WHITE
STOP/YIELD BAR
30 15 0 30 &
GRAPHIC SCALE 1 " = 30'
-26-
(EXHIBIT "H," Page 1 of 1)
ACKNOWLEDGEMENT
STATE OF ARKANSAS)
)ss.
COUNTY OF VAN BUREN )
On this 1 � �h day of March, 2003, before me, the undersigned Notary Public, personally appeared JOE D.
WHISENHUNT and MARGARET H. WHISENHUNT, husband and wife, known to me to be the persons whose
names are subscribed to the foregoing instrument, and acknowledged to me that they had executed the same for the
considerations and purposes therein contained and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
My Commission Expires: a�e���.��ri■era`s
Fi• Co.
'
JUNE 28, 2006 ;`��� 1�• +c •o
0 .TA �•
O ■
[SEAL]
4 PUB1.0�
■�T, e-28-2ad6 �'Or
'•:;gFIV COu ••
a
•��r9sweas��■
ACKNOWLEDGEMENT
STATE OF ARKANSAS)
)ss.
COUNTY OF PULASKI )
On this %Z day of March, 2003, before me, the undersigned Notary Public, personally appeared
EUGENE M. PFEIFER, III, to me personally well known, who stated that he was a General Partner of PFEIFER
FAMILY LIMITED PARTNERSHIP #2, an Arkansas limited partnership, and that he was duly authorized in such
capacity to execute the foregoing instrument for and in the name and behalf of said limited partnership, and further
stated and acknowledged to me that he had so executed the same for the considerations and purposes therein
contained and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
My Commission Expires
o
= :. ELLEN S. KOENIG
Pulaski County
My Co3nmission Expires
[SEAL]
`'^k""� August 15, 2o10
-27-
ACKNOWLEDGEMENT
STATE OF ARKANSAS)
)ss.
COUNTY OF PULASKI )
On this day of March, 2003, before me, the undersigned Notary Public, personally appeared JAMES
E. HATHAWAY, JR., and GAY HATHAWAY, husband and wife, known to me to be the persons whose names are
subscribed to the foregoing instrument, and acknowledged to me that they had executed the same for the
considerations and purposes therein contained and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission Expires:
/Y''�-oJL
[SEAL]
STATE OF TENNESSEE )
)ss.
COUNTY OF SHELBY )
Notary Public
.,,
ELLEN S. KOENIG
Pulaski County
My Commission Expires
Au ust 1 S, 2010
ACKNOWLEDGEMENT
The foregoing instrument was acknowledged before me, this ��'day of March, 2003, by RICHARD L.
TILLMAN, President, Delta Marketing Area for KRGP, Inc., the General Partner of KROGER LIMITED
PARTNERSHIP 1, an Ohio limited partnership, on behalf of the limited partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission Expires:
"6-- 0,-5,
[SEAL] oVIE G.
NOTARY • ;y�y
PUBLIC
Uj
�' • �p LAf2G
-28-
otary Public
ACKNOWLEDGEMENT
STATE OF ARKANSAS)
)ss.
COUNTY OF PUL SKI )
On this day of March, 2003, before me, the undersigned Notary Public, personally appeared ROGER
COLE, to me personally well known, who stated that he was a Vice President of U.S. BANK NATIONAL
ASSOCIATION, whose address is: c/o Real Estate Banking Group, P.O. Box 15008, Little Rock, Arkansas 72231-
5008, and that he was duly authorized in such capacity to execute the foregoing instrument for and in the name and
behalf of said corporation, and further stated and acknowledged to me that he had so executed the same for the
considerations and purposes therein contained and set forth.
IN WITNESS WIEREOF, I ha►+' tft a �ia'�t�e rpy hand and official seal.
,a �GGO�,pM.
(jItOT
OOT
��t�� Notary Public
My Commission Expires: ,9
C� poll,: �•�
1�1441101
[SEAL]
ACKNOWLEDGEMENT
STATE OF ARKANSAS)
)ss.
COUNTY OF PULASKI )
On this � day of al'46 2003, before me, the undersigned Notary Public, personally
appeared 3n b f3 tK' f , to me personally well known, who stated that _he was a
Ti nGs, �. , of TWIN CITY BANK, an Arkansas bank corporation, whose address is: P.O. Box 16270, North
Little Rock, Arkansas 72231, and that _he was duly authorized in such capacity to execute the foregoing
instrument for and in the name and behalf of said corporation, and further stated and acknowledged to me that he
had so executed the same for the considerations and purposes therein contained and set forth.
IN WITNESS WBEREOF, I have hereunto set my hand and official seal.
0-FfCIAL SEAL
SHARON A. MILLER
II''IP��ublic - Arkansas
M Cofd�flsmi ago
�- ��—N e3
[SEAL]
ANOry Public
-29-
ACKNOWLEDGEMENT
STATE OF ARKANSAS)
)ss.
COUNTY OF PULASKI )
mod, —t2�On this day of 146r* 2003, before me, the undersigned Notary Public, personally appeared
to me personally well known, who stated that the was awe President of TWIN CITY
BANK, an Arkansas bank corporation, whose address is: P.O. Box 16270, North Little Rock, Arkansas 72231, and
that she was duly authorized in such capacity to execute the foregoing instrument for and in the name and behalf of
said corporation, and further stated and acknowledged to me that she had so executed the same for the
considerations and purposes therein contained and set forth.
IN WITNESS WBEREOF, I have hereunto set my hand and official seal.
OFFICIAL SEAL
SHARON A. MILLER
Notary public - Arkansas
My ca�°unt .
[SEAL]
-30-
s
BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
F'i4%d9%CaJ�� J7:J4:49 �
'lieu 3 Ktcor6eu 1n
_4i iciai Records of
L�r.GL'IN STALEY
LA 1 NUN l f
1IRL ' l / LuuNl Y CLERK
Fees S23. ON
THAT, WHEREAS, Pfeifer Family Limited Partnership #2 and James E. Hathaway, Jr. are the sole
owners of the following described lands lying in the County of Pulaski, State of Arkansas, to wit:
a street;
(See Exhibit A attached)
AND, WHEREAS, it is desirable that all of the above -described property be subdivided into three lots and
NOW, THEREFORE, WITNESSETH:
THAT WE, the said Pfeifer Family Limited Partnership #2 and James E. Hathaway, Jr., hereinafter jointly
termed Grantor, have caused said tract of land to be surveyed by Paul White of White-Daters & Associates, Inc. a
Registered Professional Engineer and Registered Land Surveyor, respectively, and a plat thereof made which is
identified by the title of Lots 1, 2, and 3, Candlewood East, Little Rock, Arkansas, and dated March, 2003 and by
the signature of the Circuit Clerk and ex-officio Recorder of Pulaski County, Arkansas, in Plat Book G , Page
1,10 , and the Grantor does hereby make this Bill of Assurance.
AND, the Grantor hereby certifies that it has laid off, platted, and subdivided, and does hereby lay off, plat
and subdivide said real estate in accordance with said plat. The lands embraced in said plat shall be forever known
as Lots 1, 2, and 3, Candlewood East.
That all strips of ground shown and dimensioned on said plat marked "Utility Easement" and "Drainage
Easement" are reserved for the use of the public utilities, and for drainage purposes respectively, subject to all times
to the proper authorities and to the easement herein reserved. Owners of the lots in this subdivision shall take their
title subject to the rights of the public utilities and the public in and to said easements.
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 and street rights -
of -way shown on said plat.
Hereafter, conveyance and description of said lands by lot number, as shown on said plat, shall be a proper
and sufficient description thereof.
The lots in said subdivision shall be sold by the Grantor and shall be purchased by the buyers thereof,
subject to the following covenants, to wit:
1. Said land within Lots 1, 2, and 3, Candlewood East, shall be held, owned, and used in
compliance with the zoning, subdivision, landscaping, and sign ordinances of the City of Little
Rock as they applied to said land at the time of recording of this instrument or as such ordinances
may be amended from time to time to provide for less restrictive use.
2.
Any and all 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 over seventy-five (75 %) in area of the land
4*.reby platted and the provisions of such instrument so executed shall be binding from and after
^ate it is duly filed for record in Pulaski County, Arkansas. The covenants, restrictions, and
)AAions. of this instrument shall be deemed covenants running with the land and shall remain in
'�c�ce and effect unless and until amended or canceled as authorized hereinbefore. Provided,
b v&rtr, no amendment to this Bill of Assurance shall be effective unless such amendment has
.b en.ezecuted by each utility having facilities situated in such easement.
e
3. In the event of any attempt to violate any of the covenants or restrictions herein, before the
expiration date hereof, it shall be lawful for any person or persons owning an interest in said Lots
1, 2, and 3, Candlewood East, to prosecute any proceedings at law or in equity against the person
or persons violating or attempting to violate any such covenant or restriction, and either to prevent
him or them from so doing or to recover damages or other dues for such violation.
4- The invalidation of any one of these covenants or restrictions by judgment or court order shall in
no way affect any of the other provisions, which shall remain in full force and effect.
The considerations set forth in the above items are hereby approved by the City of Little Rock
Planning Commission. Any additional requirements, restrictions, or statements are entered without
review or action by the Planning Commission and shall not be considered part of the Little Rock Planning
Commission requirements of plat approval.
Attest:
U:i1 cf
p s
City of UttM R=':c i^rt 1,cr, iri,ission
Partnership #2
Eugene1�/V
. Pfeifer, II
Title: ce* e- Pic r cc
OWNER:
es E. Hathaway, Jr.
Little Rock Planning Commission
Approved:
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
SWORN TO AND SUBSCRIBED before me this . ram( day of , 20v3, by
Eugene M. Pfeifer, III, of Pfeifer Family Limit d Partnership #2.
My Commission Expires:
NOTARY PUBLIC
r'ui€ ELLEN S. KOENIG
Pulaski County
e� r My Commission Exoirzs
�' 1f Au ust 10, 2ti4C
ACKNOWLEDGMENT
STATE OF ARKANSAS §
COUNTY OF PULASKI §
SWORN TO AND SUBSCRIBED before me this day of ',l fy
2003, by James E. Hathaway, Jr.,
My Commission Expires:
/Y - .2ci o - —
;'1s •;
ELLEN S. KOENIG
{^ �.
Pulaski County
My Commission Explms
August 18.2Q10
1-�-ate
NOTARY PUBLIC
Little Rock Planning Commission
Approved:
ReviB ied cm-.., fcr inclu-r:on d mtnimL , standards
requirw by the City of LiCd4e Rcdo subdivisicn mgu!ations.
Bill of A'ssuranco p; ovisic-c c;;^hlis red b; V-ac
developer may ex��ed mir.iTc,n re ui '.ions cf tho
LitV..s (Rock subdivision and zoning ordinanmes
City of Little Rock Planning mission
EXHIBIT A
LEGAL DESCRIPTION
PART OF THE SW1/4 SW1/4 OF SECTION 17 AND PART OF THE NW1/4 NW1/4
OF SECTION 20, T-2-N, R-13-W, INCLUDING PART OF LOTS 1 THROUGH 12,
BLOCK 36, JOSEPHINE PANKEY'S EXTENSION OF HER THIRD ADDITION AND
PART OF ABANDONED RIGHT-OF-WAY (BLACK STREET AND ARNOLD STREET),
LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SW1/4 SW1/4, SECTION 17;
THENCE NO1'28' 14" E ALONG THE WEST LINE OF SAID SW1 /4 SWV4,
181.70 FT.; THENCE S88'31'46"E, 304.08 FT.; THENCE S81'08'50 E, 60.00 FT.;
THENCE SOUTHERLY ALONG THE ARC OF A 970.33 FT. RADIUS CURVE TO THE
LEFT, A CHORD BEARING AND DISTANCE OF SO4'21'45"W, 151.94 FT.; THENCE
S00'0746"E, 30.46 FT. TO A POINT ON THE SOUTH LINE OF SAID SW1/4 SW1/4,
BEING ALSO THE NORTH LINE OF ARNOLD STREET; THENCE N87'12'53"W ALONG
SAID SOUTH LINE AND NORTH LINE OF ARNOLD STREET, 50.06 FT. TO A POINT ON
THE WEST LINE OF TOWNSEND STREET; THENCE S00'07'46"E ALONG SAID WEST
LINE, 215.14 FT. TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF ARKANSAS
STATE HWY. 1 10 (CANTRELL ROAD); THENCE WESTERLY ALONG SAID NORTH
RIGHT-OF-WAY LINE THE FOLLOWING: (1 W38'30"W, 167.53 FT.; (2)
N64'09'11"W, 134.87 FT.; (3) N6345'46�W, 10.27 FT. AND (4) N69'58'46"W,
23.87 FT. TO A POINT ON THE WEST LINE OF SAID NW 1 /4 NW1 /4, SECTION 20;
THENCE N01'49'11"E ALONG SAID WEST LINE, 100.30 FT. TO THE POINT OF BEGINNING,
CONTAINING 2.6616 ACRES MORE OR LESS.
Civil En ineerin Division
7011A1est Markham
utHe Rock. Arkansas 72201-1300
371-4811 Fax 371-4460
CIVIL ENGINEERING RESPONSE
THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS
HAVE BEEN SATISFIED. ARC FOR MING OF TIES FLAB CAN
BE ISSiiED G
SIGNED BY ENGINEER ? 4
SIGNED BY SURVEYOR
SIGNED BY 911 ADDRESS COORDINATOR f
DXF- DISKETTE PLAT )V ee ,6
DXF DISKETTE STORM DRAIN e A
REMARKS
qwj ��?{
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Lity or Little Kock
Planning and Development
Filing Fees
Date: 41 , 20 L)9)
Annexation
Board of Adjustment
Cond. Use Permit/T.U.P.
Final Plat
Planned Unit Dev.
Preliminary Plat
Special Use Permit
Rezoning
Site Plans
Street Name Change
Street Name Signs
Number at ea.
Public Hearing Signs
Number at ea.
Total
File No.
Location ty J
Applicant
By
b3-011I