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HomeMy WebLinkAboutS-0636-J Application�-� s�il��ia 103 02:58:.35 P 1 if Filed & Recorded i-n Oi:r':ciial Rerr cads of L'r)1?FJL I f? 3! q BILL OF ASSURANCE i r' ""� �'��(iTy �:i l� �J l r C.L���J � •, i 1 l:li� 11 yjy FHs Vv+a 7j KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Baptist Health, 9601 Interstate 630, Exit 7, Little Rock, Arkansas is the sole owner of the following described lands situated in Pulaski County, Arkansas to wit: street; tip. 'D PROPERTY DESCRIPTION See Exhibit "A" And WHEREAS, said owners desire to subdivide the above property into a single lot and a NOW, THEREFORE, the said Baptist Health, hereinafter referred to as the "Grantor", have caused said property to be surveyed by The Mehlburger Firm, Registered Professional Engineers and Registered Professional Land Surveyor, and a plat thereof which is identified by the title, "Lot 9, Kanis Commercial Subdivision", Little Rock, Arkansas," and dated the Q3e4 day of .[ u PL&E-1 and by the signature of the Circuit /Clerk and ex-officio Recorder of Pulaski County, Arkansas and being now of record in Plat Book l7 at Page l in the records of the said Circuit Clerk; therefore, the Grantors herein does make this Bill of Assurance. The Grantors hereby certifies that it has laid off, platted and subdivided, the said lands in -dance with said plat. The lands embraced in said plat shall be foreve!- wn and described as Lot 9, Kanis Commercial Subdivision to the City of Little Rock, Pulaski County, Arkansas, and conveyance of said land by lot number shown on the plat shall be considered a complete and proper description thereof. There are certain strips of ground shown and described on the plat, marked "Utility and Drainage Easements" and reserved for the use of public utilities purposes, subject at all times to the proper authorities and to the easements herein reserved. Owners of the above -described property shall take their titles subject to the rights of public utilities and the public. 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 streets rights -of -way shown on the said plat. The lot shall be subject to the following covenants: 1. Any rights -of -way behind the curb of the lot shall be maintained by the owners of the lot. 2. Said land within said lot shall be held, owned, and used in compliance with the zoning, subdivision, landscaping, runoff detention, excavation and sign ordinances of the City of Little Rock as they applied to said land at the time of recording hereof or as such ordinances may be amended from time to time to provide for less restrictive use. Easements of way for streets as shown on the plat filed herewith have heretofore been donated and dedicated to the public, and person, firms of corporations engaged in supplying public utility services. Easements for the installation, maintenance, repair and replacement of utility facilities and services, sewer and drainage, have theretofore been reserved, said easements being of v„,:. us widths, reference being made to the plat filed herewith for a specific description of the width and location thereof. Excavations within the area of such easements or the erection of any fence (wood, wire, stone, brick or any other material) or for any other purpose shall be 2 made without interference with the installation, maintenance, repair and replacement of any utility facilities and services. 4. These covenants and restrictions shall run with the land and shall be binding on all parties claiming under them in perpetuity. 5. The covenants and restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns, and all parties claiming by through under it shall be taken to hold, agree and covenants and restrictions as to the use of such lots in the construction of improvements thereon, but no restriction herein set forth shall be personally binding upon any corporation, person or person, except in respectlo breaches committed during its, his or their seisin of title to said land, and Grantors, its successors and assigns, and also the owner or owners of the lot hereby restricted shall have the right to sue for and obtain in injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the covenants and restrictions above set forth, in addition to ordinary legal action for damages. Failure of Grantor its successors or assigns, or any owner or owners of such lots to enforce any of the covenants restrictions herein set forth at the time of its violations shall, in no event, be deemed to be a waiver of the right to do so thereafter. 6. In the event any provision of this Bill of Assurance shall be determined to be invalid by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall remain in full force- iird effect. 7. Any and all of the covenants set forth herein may be amended, modified, extended, changed or canceled in whole or in part from time to time by written instrument signed and acknowledged by the owner or owners of two-thirds (2/3rds) of the total land included in Lot 9. EXECUTED at Little Rock, Arkansas, this 25th day of August , 2003. LIM �i, rd Or- di3vaIopc' ,—,,r, Oft RO& sv'dlw nr, wd zonsng crdi;,z:rcoa. 1 03 City •ttla Rock Planning Commission Date: August 25, 2003 0 ACKNOWLEDGEMENT ;, STATE OF ARKANSAS COUNTY OF PULASKI ON THIS DAY personally appeared before me, the undersigned, a notary public, duly commissioned and acting Larry Lazenby, Vice President__ of Baptist Health, an Arkansas Corporation, Grantor, who stated and acknowledged that he had executed the above and foregoing Bill of Assurance with due authority from said corporatiof the uses and purposes therein contained and so forth. '`*► WITNESS my hand and seal on this, day of S� , 2003. a&,Qjx Fcpp Notary Public My Commission Expires: yrr o�e�l�r 3 awl Q OTARYNI; Y PUB 5 a`,, # 2003-110040 EXHIBIT "A" PROPERTY DESCRIPTION Part of the Northwest 1/4 of the Northwest 1/4 of Section 11, T-1-N, R-13-W in Pulaski County, Arkansas, more particularly described as follows: STARTING at the Southwest corner of said Northwest 1/4 Northwest 1/4 Section 11; thence South 88°50'00" East along the South line of said Northwest 1/4 Northwest 1/4 a distance of 164.43 feet to the POINT OF BEGINNING on the proposed West right of way line of Kanis Park Drive; thence North 01 °50'28" East along said proposed West right of way line of Kanis Park Drive a distance of 237.90 feet; thence South 89°32'35" East 60.00 feet to a point on the East side of the said proposed right of way line; thence along said proposed East right of way line North 01 °50'28" East 86.91 feet; thence continuing along said proposed East right of way line along a curve to the right having a radius of 460.48 feet, an arc distance of 208.68 feet and a chord bearing and distance of North 13°28'30" East 206.90 feet; thence continuing along said proposed East right of way line, North 26°27'27" East 165.76 feet; thence continuing along said proposed East right of way line along a curve to the right having a radius of 25.00 feet, an arc distance of 35.71 feet and a chord bearing and distance of North 67°22'36" East 32.75 feet to a point on the South right of way line of Kanis Road (R.O.W. varies); thence South 71°42'14" East along said South right of way line of Kanis Road a distance of 1.89 feet to the Northwest corner of Lot 25, Kanis Commercial -Subdivision; thence South 01°52'59" West 185.18 feet to the Southwest corner of said Lot 25, Kanis Commercial Subdivision; thence South 88020'32" East along the South line of said Lot 25 a distance of 123.31 feet; thence South 0l'54'37" West 186.66 feet; thence South 89°13'58" East 52.00 feet; thence South 01 °46'33" West 125.99 feet to the North right of way line of Kanis Commercial Drive; thence along said North right of way line North 88°12'06" West 12.15 feet; thence South 01°46'29" West 60.09 feet to a point on the South right of way line of said Kanis Commercial Drive; thence North 88°12'06" West along said proposed South right of way line of Kanis Commercial Drive a distance of 280.43 feet; thence continuing along said proposed South right of way line along a curve to the left having a radius of 25.00 feet, an arc distance of 39.24 feet and a chord bearing and distance of South 46°48'26" West 35.34 feet to a point on the said proposed East right of way line of Kanis Park Drive; thence South 01 °50'28" West along said proposed East right of way line 110.15 feet to a point on the South line of said Northwest 1/4 Northwest 1/4, thence North 88°50'00" West along said South line 60.00 feet to the POINT OF BEGINNING, containing 132,803 square feet of 3.049 acres, more or less. Dnrk Civil vguv. ......� �._ Departure Of 701 West Markham Public marks Little Rock, Arkansas 72201-1300 371-4811 Fax 371-4460 CIVIL. ENGINEERING RESPONSE THE Gam, ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN o 9 BE ISSUED kRN•S CaN�Mt ac.'�G S� _ '� SIGNED BY ENGINEER SIGNED BY SURVEYOR SIGNED BY 911 ADDRESS COORDINATOR ff DXF. DISKETTE PLAT D DXF DISKETTE STORM DRAIN REMARKS Division l0 03 /0 7�0- --- James, Donna From: Hood, Mike Sent: Tuesday, October 07, 2003 12:40 PM To: James, Donna Subject: RE: Spine Center OK with me. Do I need to come over and sign? -----Original Message ----- From: James, Donna Sent: Tuesday, October 07, 2003 10:46 AM To: Hood, Mike Subject: RE: Spine Center Mike Watson called and is requesting the final plat be signed. I have public works sign -off from Dewayne but I want the official it is ok to sign from you. -----Original Message ----- From: Hood, Mike Sent: Friday, October 03, 2003 2:40 PM To: Hamilton, David; Hall, Mel; Dixon, Dewayne; James, Donna Subject: Spine Center Alonzo Williams and Baptist Medical are each going to put up one half of the financial guarantee for right-of- way improvements so that they can final plat and complete a real estate transaction. Mr. Donny Cook of Bank of America will be sending a CD on behalf of Baptist and I believe Alonzo Williams has already put up his half. David, please make sure this gets taken care of. If needed, you can reach Donny Cook at 378-1678. August 13, 2003 Ms. Donna James City of Little Rock Department of Planning & Development 723 West Markham Little Rock, AR 72201-1334 Re: Final Plat for Lot 9, Kanis Commercial Subdivision Dear Ms. James: Please find attached I copies of the final plat for your review. A copy of the Bill of Assurance will be forwarded at a later date for your review. Also please find attached the utility sign offs sheet. I will forward one to copy to Mr. Dewayne Dixon for Public Works approval. If you have any questions or need additional information, please call. Sincerely, The Mehlburger F'rm, Inc. Michael Watson, Vice President attachments cc: Mr. Dewayne Dixon City of Little Rock Planning and Developmem Filing Fees Date: L( , 20 u Annexation $ Board of Adjustment $ Cond. Use Permit/T.U.P. $ Final Plat $ �l - Planned Unit Dev. $ Preliminary Plat $ Special Use Permit $ Rezoning $ Site Plans Street Name Change Street Name Sighs - Miniber at ea. Public Hearing Signs Number at ea. Total $ 1 rn - G File No. <S (-- �k -- S Location k 9 Applicant �Iy By