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HomeMy WebLinkAboutS-0636-F ApplicationMehlburger Tanner & Associates Architects-bioneers 201 South Izard P. O. Box 3837 Little Rock, AR 72203 - 3837 501/375-5331 M:MMC7- LA IMTTIMR. TO ^� / !_- <<� �.��O..I- - - DATE SUBJECT /ASS-cJ/2i9�JG� . - _ a-�- _- .G o_ i. /S .�•.f.� / � � ��.9.✓�s Co.-�.-��_2 Ci�G /.3 �9�✓iJ ��� .= -�/J i.✓ T./� GE2Ti<iG�Tc� or i ��✓�9G G_Ei r Jc i�n�o-, ./ -✓.'J L✓i� GAT_ o /mac /� S ------ ..... Item # ML4N72 The Drawing Board, Dallas, Texas 75266-0429 OLD AT (-) TO FIT DRAWING BOARD ENVELOPE # EW 10P BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, ARKANSAS SYSTEMS, INC. is the sole owner of the lands lying in the County of Pulaski, State of Arkansas, as more particularly described on Exhibit "A" attached hereto and incorporated herein; AND, WHEREAS, it is desirable that all of the above described property be replatted into lots; NOW THEREFORE WITNESSETH: THAT the said Arkansas Systems, Inc., hereinafter termed Grantor, has caused said tract of land to be surveyed by Mehlburger Tanner Robinson & Associates, Registered Professional Engineers, and a plat thereof made which is identified by the title Lot 15 and 16, Kanis Commercial Park and the date August 18, 1987, and by the signature of the said engineer and the said Grantor, 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 page , and the Grantor does hereby make this Bill of Assurance as follows: 1. The Grantor does hereby certify 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 Lot 15 and Lot 16, Kanis Commercial Park. The Grantor hereby dedicates to the public forever an easement and right of way on and over any streets as shown by said plat, to be used as public streets. 2. There are strips of ground shown and dimensioned on said plat marked "Utility Easement" and/or "Drainage Easement" reserved for the use of public utilities, and for drainage purposes, respectively, subject at all times to the proper authorities and to the easement herein reserved. Owner(s) of Lot 15 and Lot 16 shall take their titles subject to the rights of public utilities and the public. 3. Hereafter, conveyance and description of any of said lands by lot number, as shown on said plat, shall be a proper and sufficient description thereof. 4. All. common areas used for the parking of motor vehicles, including incidental and interior roadways, perimeter sidewalks, walkways, curbs, and landscaping within or adjacent to areas used for parking of motor vehicles, together with all improvements which at any time are erected on such will be referred to as "motor vehicle parking areas." 5. The term "common building component" means any single improvement which is located partly on Lot 15 and partly on Lot 16, or which is located on the common boundary between Lot 15 and Lot 16. F -2- 1432G 102187 6. Each common building component will be maintained in, such state of repair that it will continue to have the capacity to be so used in common by the benefitted improvement in question, at the joint expense of the owner(s) of Lot 15 and Lot 16. 7. The owner(s) of Lot 15 and Lot 16: (a) Will not cause or permit to occur any damage, loss, or injury to the owner of the benefitted improvements or his tenants by or as a result of any act or negligence on its part with respect to a common building component, or any other portion of the improvement owned by it'which contains a common building component; (b) Will not place on a common building component any burden which at the time of placement is in excess of the capacity of the common building component or which will prevent the use of the improvement contained on the common building component for its intended purposes; and (c) Will not cause or permit to occur any damage, loss, or injury to the improvement which contains a common building component by or as a result of any act or negligence on its part with respect to the benefitted improvement. r r, -3- 1432G 102187 8. Except as may be expressly contemplated by existing construction contracts, no building or other improvement will be constructed or maintained on Lot 15 or Lot 16, unless and until provision is made for the construction and maintenance of motor vehicle parking areas for Lot 15 and Lot 16 as may be required by applicable laws, rules, ordinances and regulations. 9. No use or operation will be made, conducted, or permitted on or with respect to all or any part of Lot 15 or Lot 16, which use or operation is obnoxious to or out of harmony with the development or operation of a first-class office building, and the use, operation and all improvement's shall, at all times, be in compliance with applicable zoning ordinances and other laws, rules and regulations. 10. Grantor hereby grants, for the benefit�o'f Lot 15 and Lot 16, the following reciprocal easements: (a) Nonexclusive easements for the purpose of parking vehicles of the tenants, concessionaires, customers, licensees, and invitees of the owner(s) of Lot 15 and Lot 16; limited, however, for purposes i connected with or incidental to any use being made of any portion of Lot 15 or Lot 16. The parking area easements are easements on each and all of the one or more portions of Lot 15 and Lot 16 that are motor vehicle parking areas or may be improved from time to time as motor= vehicle parking areas; -4- 1432G 102187 (b) Nonexclusive easements for the purpose of pedestrian traffic of customers, invitees, licensees, tenants, concessionaires, or owner(s) of Lot 15 and Lot 16; limited, however, for purposes connected with or incidental to any use then being made of Lot 15 and Lot 16; (c) Nonexclusive easements for the purpose of furnishing access and the right of access between the public streets and any motor vehicle parking areas situated on Lot 15 or Lot 16; (d) Nonexclusive easements for tie conveyance of water and the maintenance, removal, and replacement of water pipes and systems; (e) Nonexclusive easements for telephone lines and the maintenance, removal, and replacement of the lines; (f) Nonexclusive easements for the conveyance of gas and the maintenance, removal, and replacement of gas pipes and systems; (g) Nonexclusive easements for sewage disposal and the maintenance, removal, and replacement of'sewers; (h) Nonexclusive easements for the conveyance of electricity and the maintenance, removal, and replacement of electric power conduits, lines, and wires; and -5- 1432G 102187 (i) Nonexclusive easements for drainage lines and systems and the maintenance, removal, and replacement of drainage lines and systems. 11. At all times free access between Lot 15 and Lot 16 will not be impeded and will be maintained. 12. The use of all easements provided for in Paragraph 10 hereof will, in each instance, be nonexclusive, and for the use and benefit of all of the parties or their respective successors or assigns to all or any part of Lot 15 or Lot 16. 13•. Paragraphs 1, 2, 3 and 15 of this Bill of Assurance may be terminated, extended, modified, or amended only with the consent of (a) all parties holding mortgage liens on Lot 15 and Lot 16, and (b) seventy percent (70%) of the owner(s) of Kanis Commercial Park, including the owner(s) of both Lot 15 and Lot 16. Subject to compliance with all applicable zoning ordinances, laws, rules and regulations, the remaining Paragraphs of this Bill of Assurance may be terminated, extended, modified or amended only with the consent of (a) all parties holding mortgage liens on Lot 15 and Lot 16, and (b) the owner(s) of Lot 15 and Lot 16. 14. No termination, extension, modification, or amendment will be effective.until a written instrument setting forth its terms has been executed, acknowledged, and recorded in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas.'. -6- 1432G 102187 15. In the event of any attempt to violate a covenant or restriction herein, it shall be lawful for any person or persons owning a lot or lots in said addition (to the same extent such person or persons would be entitled to approve terminations, extensions, modifications or amendments pursuant to Paragraph 13 hereof) to prosecute any proceedings at law or in equity against the persons or person violating or attempting to violate a covenant or restriction, and either to prevent him or them from so doing or to recover damages or other dues for such violation. IN WITNESS WHEREOF this Agreement has been executed on the date first above written. ATTEST: By: Title: ARKANSAS SYSTEMS, INC. By: Title: -7- 1432G 102187 -CERTIFICATE OF FINAL APPROVAL Pursuant to the Little Rock Subdivision Rules and Regulations, and all of the conditions of approval having been completed, this document is hereby accepted. This Certificate is hereby executed under the authority of said Rules and Regulations. Execution of this Certificate indicates 9-n1v_ that the Little Rock Planning Commission has approved the sufficiency of this instrument as complying with the Little Rock Subdivision Rules and Regulations (such approval being limited to Paragraphs 1, 2, 3► and 15) and this Certificate does not indicate approval for disapproval) of any of the other provisions of this instrument. LITTLE ROCK PLANNING COMMISSION BY: TITLE: DATE OF am EXECUTION: 1432G 102187 A KN WLEDMEN STATE OF ARKANSAS ) ss. COUNTY OF PULASKI ) On this day before me, a Notary Public, duly commissioned, qualified and acting within and for the State and County aforesaid, appeared in person _ and . who stated that they were the and respectively, of ARKANSAS SYSTEMS, INC., a corporation, and were duly authorized in their -respective capacities to execute the foregoing instrument for and in the name and on behalf of said Corporation; and further stated that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal, this day of 11 1987. My Commission Expires: Notary Public -9- 1432G 102187 EXHIBIT A PROPERTY DESCRIPTION' Part of Tract A and A-1, Eagle Commercial Subdivision No. 1 to the City of Little Rock and part ❑f the Northwest 1/4 of the Northwest 1/4 of Section 11, T-1-N, R-13-W all in Pulaski County, Arkansas, being more particularly described as follows: Beginning at the Northeast corner of said Tract A-1, Eagle Commercial Subdivision No. 1; thence South 00011'26" West along the East line of said Tract A-1, a distance of 317.95 feet; thence South 89057'31" West 236.91 feet; thence North 00002129" West 130.75 feet; thence South 89043'41" East 70.00 feet to a point on the West line of said Tract A-1; thence North 00014'05" East along said West line 205.47 feet to a point on the South Right -of -Way line of Kanis Road (60' R/W); thence along said Right-of-way the following three courses and distances; 1) South 81041105" East 18.71 feet; 2) South 82037153" East 74.53 feet; 3) South 85°47'01" East 75.00 feet to the POINT OF BEGINNING, containing 63,608 square feet or 1.460 acres, more or less. -10- 1432G 102187 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, ARKANSAS SYSTEMS, INC. is the sole owner of the lands lying in the County of Pulaski, State of Arkansas, as more particularly described on Exhibit "A" attached hereto and incorporated herein; AND, WHEREAS, it is desirable that all of the above described property be replatted into lots; NOW THEREFORE WITNESSETH: THAT the said Arkansas Systems, Inc., hereinafter termed Grantor, has caused said tract of land to be surveyed by Mehlburger Tanner Robinson and Associates, Registered Professional Engineers, and a plat thereof made which is s ud /Ji✓>Slb-� identified by the title _ or Is�>G �l�v.✓is co�7.�E•Pcf�aiid the date S�i8/8'7 and by the signature of the said engineer and the said Grantor, 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 page , and the Grantor does hereby make this Bill of Assurance as follows: 1. The Grantor does hereby certify that it was 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 Lot 15 8nd Lot 16, Kanis Commercial Park. The Grantor hereby dedicates to the public forever an easement and right of way on and over any streets as shown by said plat, to be used as public streets. 2. There are strips of ground shown and dimensioned on said plat marked "Utility Easement" and/or "Drainage Easement" reserved for the use of public utilities, and for drainage purposes respectively, subject at all times to the proper authorities and to the easement herein reserved. Owner(s) of Lot 15 and Lot 16 shall take their titles subject to the rights of public utilities and the public. 3. There is a sixty (60) foot right ay along the south line of Lot 15, shown ❑ plat, and Grantor hereby G� dedicates suc ght of way for con ❑n of a proposed road 14 i�cordance with the overall plans of Kanis Commercial Par . '�. Hereafter, conveyance and description of any of said lands by lot number as shown on said plat, shall be a proper and sufficient description thereof. 5'. All common areas used for the parking of motor vehicles, including incidental and interior roadways, perimeter sidewalks, walkways, curbs, and landscaping within or adjacent to areas used for parking of motor vehicles, together with all improvements which at any time are erected on such will be referred to as "motor vehicle parking areas." -2- 1432G 081787 The term "common building component" means any single improvement which is located partly on Lot 15 and partly on Lot 16, or which is located on the common boundary between Lot 15 and Lot 16. T. Each common building component will be maintained in such state of repair that it will continue to have the capacity to be so used in common by the benefitted improvement in question, at the joint expense of the owner(s) of Lot 15 and Lot 16. "8.. The owner(s) of Lot 15 and Lot 16: (a) Will not cause or permit to occur any damage, loss, or injury to the owner of the benefitted improvements or his tenants by or as a result of any act or negligence on its part with respect to a common building component, or any other portion of the improvement owned by it which contains a common building component; (b) Will not place on a'common building component any burden which at the time of placement is in excess of the capacity of the common building component or which will prevent the use of the improvement contained on the common building component for its intended purposes; and -3- 1432G 081787 (c) Will not cause or permit to occur any damage, loss, or injury to the improvement which contains a common building component by or as a result of any act or negligence on its part with respect to the benefitted improvement. �. Except as may be expressly contemplated by existing construction contracts, no building or other improvement will be constructed or maintained on Lot 15 or Lot 16, unless and until provision is made for the construction and maintenance of motor vehicle parking areas for Lot 15 and Lot 16 as may be required by applicable laws, rules, ordinances and regulations. D. No use or operation will be made, conducted, or permitted on or with respect to all or any part of Lot 15 or Lot 16, which use or operation is obnoxious to or out of harmony with the development or operation of a first-class office building, and the use, operation and all improvements shall, at all times, be in compliance with applicable zoning ordinances and other laws, rules and regulations. 1P.• Grantor hereby grants, for the benefit of Lot 15 and Lot 16 the following reciprocal easements: (a) Nonexclusive easements for the purpose of parking vehicles of the tenants, concessionaires, customers, licensees, and invitees of the owners of Lot 15 and Lot 16; limited, however, for purposes -4- 1432G 081787 connected with or incidental to any use being made of any portion of Lot 15 or Lot 16. The parking area easements are easements on each and all of the one or more portions of Lot 15 and Lot 16 as are motor vehicle parking areas or may be improved from time to time as motor vehicle parking areas. (b) Nonexclusive easements for the purpose of pedestrian traffic of customers, invitees, licensees, tenants, concessionaires, or owners of Lot 15 and Lot 16; limited, however, for purposes connected with or incidental to any use then being made of Lot 15 and Lot 16. (c) Nonexclusive easements for the purpose of furnishing access and the right of access between the public streets and any motor vehicle parking areas situated on Lot 15 or Lot 16. (d) Nonexclusive easements for the conveyance of water and the maintenance, removal, and replacement of water pipes and systems. (e) Nonexclusive easements for telephone lines and the maintenance, removal, and replacement of the lines. (f) Nonexclusive easements for the conveyance of gas and the maintenance, removal, 'and replacement of gas pipes and systems. -5- 1432G 081787 (g) Nonexclusive easements for sewage disposal and the maintenance, removal, and replacement of sewers. (h) Nonexclusive easements for the conveyance of electricity and the maintenance, removal, and replacement of electric power conduits, lines, and wires. (i) Nonexclusive easements for drainage lines and systems and the maintenance, removal, and replacement of drainage lines and systems. J. . At all times free access between Lot 15 and Lot 16 will not be impeded and will be maintained. 11. The use of all easements provided for in Paragraph 1C) hereof will, in each instance, be nonexclusive, and for the use and benefit of all of the parties or their respective successors or assigns to all or any part of Lot 15 or Lot 16. 14. This agreement and any easement, provision, covenant, condition, or restriction contained within it may be terminated, extended, modified, or amended with the consent of all parties holding mortgage liens on Lot 15 and Lot 16, and the owners of seventy percent (70%) of the lots of Kanis Commercial Park. t5No termination, extension, modification, or amendment will be effective until a written instrument setting forth its terms has been executed, acknowledged, and recorded in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas. -6- 1432G 081787 1�, In the event of any attempt to violate any of the covenants or restrictions herein, it shall be lawful for any person or persons owning a lot or lots in said addition to prosecute any proceedings at law or in equity against the persons or person 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. IN WITNESS WHEREOF this Agreement has been executed on -the date first above written. ATTEST: By: By: ARKANSAS SYSTEMS, INC. Title: Title: -7- 1432G 081787 ACKNOWLEDGMENT STATE OF ARKANSAS ) ss. COUNTY OF PULASKI ) On this day before me, a Notary Public, duly commissioned, qualified and acting within and for the State and County aforesaid, appeared in person and who stated that they were the and JI respectively, of ARKANSAS SYSTEMS, INC., a corporation, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and on behalf of said Corporation; and further�stated that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal, this day of 1 1987. My Commission Expires: Notary Public -8- ' 1432G 081787 i MEHLBURGER, TANNER, ROBINSON & ASSOCIATES P. O. Box 3837 LITTLE ROCK, ARKANSAS 72203 (501) 375-5331 �c _'9—, _j Gs /0Eft T �C J 7'7_4 _- 20 WE ARE SENDING YOU >�Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ LEEUTEQ (01F TURZOMDUML DATE 8 ig /gam JOB NO 87-z3 ATTENTION RE: J,, oT fS 4- f JlA+�is Corgi-9�"f2GJ.9C /�i92/� the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION 1*-)4.-Q T /3 J C G oi= 4 l THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints X'For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS UTJ c J 7— ,SJ45;'IV J=s yo �occ a L ^OPY TO SIGNED: /�%,��,g�� 1..��9rso-✓ If enclosures are not as noted. kindly notifv us at once.