HomeMy WebLinkAbout-0939-E ApplicationCity of Little Rock
Planning and Development
Filing Fees
Date 16 2,2.--, 20_1b_
Annexation
$
Board of Adjustment
$
Cond Use Permit/T UP
$
Final Plat
Planned Unit Dev
$
Preliminaiy Plat
$
F
Special Use Permit
$
Rezoning
$
Site Plans
,yr$
Street Name Change
Street Name Signs
Number at ea
L
Public Hearing Signs
Number at ea
$
Total $ . ,
File No
This instrument prepared by:
Price C. Gardner
FRIDAY, ELDREDGE & CLARK. LLP
400 West Capitol Avenue, Suite 2000
Little Rock, Arkansas 72201
2010066884 Received: 10/26/2010 9:35:22 AM
Recorded: 10/26/2010 09:42:04 AM Filed &
Recorded in Official Records of PAT O'BRIEN.
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $35.00
BILL OF ASSURANCE
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KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS RAAD, LLC, an Arkansas limited liability company (hereinafter called "Owner"),
is the owner of that certain real property located in Pulaski County, Arkansas and being more particularly
described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Proper ");
WHEREAS, it is deemed advisable that all of the Property shown on the plat hereinafter mentioned, be
subdivided into building lots as shown on the plat filed herewith and that said Property be held, owned and
conveyed subject to the protective covenants herein contained in order to enhance the value of the Addition.
NOW THEREFORE, Owner, for and in consideration of the benefits to accrue to it, its successors and
assigns, which benefits it acknowledges to be of value, has caused to be made a plat, showing a survey made by
Paul M. White, Registered Professional Land Surveyor dated May , 2010, and bearing a Certificate of
Approval executed by the appropriate officials of the City of Little Rock, Arkansas (the "City"), and showing
the boundaries and dimensions of the Property previously designated as Lot 2R now being subdivided into two
(2) lots to be forever known as Lot 2RA and Lot 2RB, Seven Acres Business Park, respectively (the "Plat").
There are shown on said Plat certain easements for drainage and/or utilities which Owner hereby
donates and dedicates to and for the use of public utilities, the same being, without limiting the generality of the
foregoing, electric power, gas, telephone, water, sewer and cable television with the right hereby granted to the
persons, firms or corporations engaged in the supplying of such utilities to use and occupy such easements, and
to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such
utility services.
Subject to the terms and conditions set forth herein, Owner hereby reserves, grants and dedicates for its
own use and benefit and the non-exclusive use and benefit of the Owner and all successor owners of Lot 2RB
and their respective successors and assigns, lessees, employees, agents, customers, contractors, licensees, and
invitees in, to and on Lot 2RB, a non-exclusive, easements on Lot 2RA for purposes of providing access,
ingress and egress over and across those portions of Lot 2RA as shown on the Plat, for the purposes of
unobstructed vehicular and pedestrian ingress and egress, free of charge, to and from Lot 2RB to and from
Seven Acres Drive. Owner hereby grants and conveys to the Lot 2RB owner and its successors and assigns, the
right to make such curb cuts in and attach such Seven Acres Drive Access Drive and/or sidewalks necessary to
provide vehicular and pedestrian access to Lot 2RB; provided, however, any and all such curb cuts shall be
subject to the prior approval of the City of Little Rock, Arkansas, if required. Owner acknowledges that the
easements granted herein shall be solely to provide access to Seven Acres Drive. The access drives located on
Lot 2RA shall be kept, maintained and repaired in a "first class" manner and condition by Owner, its successors
and assigns. The access drives shall be kept and maintained free and clear of dirt, trash and debris. The surface
of the access drives 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
access drives contemplated herein includes, but is not limited to, the resurfacing and/or reconstruction of said
drive. The cost of maintenance and repairs to the access drives shall be allocated equally to the then current
respective owners of Lots 2RA and 2RB, respectively. The owner of Lot 2RA shall have primary responsibility
for performing the maintenance and repairs to the access drives; provided, however, each lot owner shall have
the right to cause such maintenance and repairs to be. Each Owner shall reimburse lot owner undertaking and
paying the cost of such repairs for its allocation of said cost within thirty (30) days after receipt of a statement
tendered by such lot owner. However, each lot owner shall be solely responsible for the cost of repairing any
damage within the access drive easement area resulting from the lot owner or its' tenants delivery trucks and
their respective successors, mortgagees, lessees, assigns, contractors, licensees, invitees or employees.
No building or fence is to be constructed on any lot nearer than the building line noted on said plat. The
building line shall be a minimum of thirty feet (30') from Seven Acres Drive as shown on the Plat.
No buildings, fences, incinerators, paved driveways, or any other permanent structure or improvement
of any kind, whether herein specifically enumerated or not, shall be built or maintained within the area of any of
the easements shown on the plat, and in the event any such obstruction is placed thereon in violation of this
restriction and reservation, no utility and/or public agent will be liable for destruction of same in constructing
and maintaining its facilities located within the area of said easement.
No obstruction shall be placed in the street or gutter. Curbs shall be broken at driveways, and driveway
aprons shall not extend past the face of the curb.
The types of uses permitted on the Property shall be of a light industrial and/or commercial nature found
in similar developments in Little Rock, Arkansas consistent with the zoning covering the Property.
The restrictions imposed under this Bill of Assurance shall be a servitude upon Lots 2RA and 2RB and
shall be binding upon any person acquiring an interest in any part of Lots 2RA or 2RB, whether in fee, by lease
or otherwise. The restrictions contained in herein may not be amended without written consent of the Owner
for so long as the Owner owns an interest in the Property, and thereafter the unanimous consent of the owners
of the Property as reflected on the Plat, as may be hereafter amended or modified.
These covenants and restrictions are to run with the land and shall be binding on all parties and all
persons claiming from the date these covenants and restrictions are recorded, after which time said covenants
and restrictions shall be automatically extended for successive periods of twenty (20) years, unless an
instrument signed by the Owner (if still an owner of any portion of the Property) or, if not, the then owners of
all of the Property shown on the Plat has been recorded, agreeing to change said covenants and restrictions in
whole or in part.
These covenants and restrictions shall not be amended, canceled or supplemented unless an instrument
signed by the Owner (if still an owner of any portion of the Property) or, if not, the then owners of all of the
Property shown on the Plat is placed on record agreeing to change the covenants and restrictions in whole or in
part, and any change must be approved by the Little Rock Planning Commission.
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 a lot or lots in said addition 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.
The invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise
affect any of the other provisions, which shall remain in full force and effect.
The filing of this Bill of Assurance and the Plat for record in the office of the Circuit Clerk and Ex-
Officio Recorder of Pulaski County, Arkansas shall be a valid and complete delivery and dedication of the
streets and easements subject to the limitations herein.
EXECUTED this eday of 14A 2010.
OWNER:
RAAD, LLC,
an Arkansas limited liability company
By: xe:g;�- —
D g Becker, Manager
ACKNOWLEDGMENT
STATE OF ARKANSAS )
SS.
COUNTY OF PULASKI )
,1~
On this the 2 day of , 2010, before me, the undersigned officer, personally appeared
Doug Becker who acknowledged hims f to be the Manager of RAAD, LLC, an Arkansas limited liability
company, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by
signing the name of the limited liability company by himself as Manager.
IN TESTIMONY WHEREOF, I have
NOT
My mtr
'
OFFI IAL SEAL
JEROME J. WOLF
SAS
FAULKNER COUNTY
MYCCfi/1r' }S"sari EXPIRES:12-16-11
set my hand and official seal.
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s�c}u:rc� Fy t�'12 City di L;ll3e Roci: Euhdlvi5i0l Cr'SIG!i011�...
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Litt, Rock saiadi tis,kw rnd zoning ordinances.
City Lithe Rock Planning Commission
JOINDER AND ACKNOWLEDGMENT BY MORTGAGEE
The undersigned, (),a Bank & Truse._., holds a mortgage in the property described in Exhibit "A" of
this Agreement. The undersigned hereby joins in the execution of the Agreement for the following purposes
only:
CONSENT. To grant consent to the execution of this Agreement by the owner of the property.
ACKNOWLEDGMENT OF AGREEMENT. To subject any and all security interests it has in the
property to the provisions of this Agreement solely to the extent that, if title to the property is acquired through
sale under foreclosure or by deed in lieu of foreclosure or otherwise, such title shall be subject to the charges
and burdens affecting the property by virtue of this Agreement.
Ong Bank & Trust. N.A.
NAME OF LENDER
J o e Wol
By:
Title: ❑ e Presi
Date: 27 / 10
ACKNOWLEDGMENT
STATE OF ARKANSAS )
SS.
COUNTY OF PULASKI )
On this theW)�hday of Gk, 2010, before me, the undersigned officer, personally appeared
-Te r_V ,ne We r' c who acknowledged himself to be the of
being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the
name of the bank by himself as such officer.
IN TESTIMONY WHEREOF, I have her nto set my hand and official seal.
,••'` q�8 �,"%.NOTARY PUBLIC
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My commission expires: = NoFA�tt.
— — 7.r
10,
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EXHIBIT "A"
DESCRIPTION OF PROPERTY
Lots 2RA and 2RB, Seven Acres Business Park, an addition to the City of Little Rock, Arkansas as
recorded in Plat Book * , page _ y 18, Records of Pulaski County, Arkansas, the same being a
replat of Lot 2R, Seven Acres Business Park, an addition to the City of Little Rock, Arkansas as
recorded in Plat Book F, page 496, Records of Pulaski County, Arkansas.
+ AS-b 0 ?OID064 usS
Page 1 of 1
Paul White
From: Brian Dale [bdale@whitedaters.com]
Sent: Wednesday, October 20, 2010 2:00 PM
To: pwhite@whitedaters.com
Subject: FW: Lot 2R - Seven Acres Business Park
Attachments: Temp07609.PDF
See below.
B
From: Jim Boyd [mailto:jim.boyd@lrwu.com]
Sent: Wednesday, October 20, 2010 1:57 PM
To: 'James, Donna'
Cc: 'Brian Dale'
Subject: FW: Lot 211 - Seven Acres Business Park
Sewer service not available to Lot 2RB at this time but Owner has obligated himself to extend sewer to
Lot 2RB at time of development. No additional easements are required by LRW at this time.
James Boyd, P.E.
Engineering Supervisor
Little Rock Wastewater
#11 Clearwater Drive
Little Rock, AR 72204
Office 501-688-1414
Mobile 501-352-0390
email jim.boyd@lrwu.com
From: Brian Dale [ma i Ito: bdale@whitedaters.com]
Sent: Wednesday, October 20, 2010 1:45 PM
To: 'Chris Keathley'; 'Theodis Thompson'; Daniel.Tull@CArkW.com; Jim Boyd; 'Bates, Joni B.'
Cc: pwhite@whitedaters.com; 'James, Donna'; 'Floriani, Vince'; 'Harper, Vance'; Tamara Guffey'
Subject: Lot 211 - Seven Acres Business Park
Attached is a final plat for review and approval. Please let us know if you have any questions. An email
response or signed copy sent via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without delay.
The owner of this property intends to file their plat by November 5, 2010. The City of Little Rock now
requires a sign -off from every utility company before the plat can be recorded. If you have any
questions, please contact us as soon as possible in order to expedite the process.
We appreciate your timely response.
Sincerely,
Brian Dale
10/21 /2010
Page 1 of 1
Paul White
From:
Brian Dale [bdale@whitedaters.com]
Sent:
Thursday, October 21, 2010 7:16 AM
To:
'James, Donna'
Cc:
pwhite@whitedaters.com
Subject:
FW: Lot 2R - Seven Acres Business Park
Attachments: Temp07609.PDF
CAW approval, see below.
B
From: Daniel.Tull@CArkW.com [mailto:Daniel.Tull@CArkW.com]
Sent: Wednesday, October 20, 2010 4:24 PM
To: Brian Dale
Subject: Re: Lot 2R - Seven Acres Business Park
looks good to me
Thank you
Daniel Tull
Engineering Technician
501-377-1245
From: "Brian Dale" <bdale@whitedaters.com>
To: "'Chris Keathley"' <ck0826@att.com>, "'Theodis Thompson"' <TTHOMP1 @entergy.com>, <Daniel.Tull@CArkW.com>, "'Jim Boyd
<jim.boyd@lrwu.com>, "'Bates, Joni B."' <joni.bates@centerpointenergy.com>
Cc: <pwhite@whitedaters.com>, "'James, Donna"' <DJames@littlerock.org>, "'Floriani, Vince"' <VFloriani@littlerock.org>, "'Harper,
Vance"' <VHarper@littlerock.org>, "'Tamara Guffey"' <tguffey@whitedaters.com>
Date: 10/20/2010 01:42 PM
Subject: Lot 2R - Seven Acres Business Park
Attached is a final plat for review and approval. Please let us know if you have any questions. An email
response or signed copy sent via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without delay.
The owner of this property intends to file their plat by November 5, 2010. The City of Little Rock now
requires a sign -off from every utility company before the plat can be recorded. If you have any
questions, please contact us as soon as possible in order to expedite the process.
We appreciate your timely response.
Sincerely,
Brian Dale
10/21 /2010
Page 1 of 1
Paul White
From: Brian Dale [bdale@whitedaters.com]
Sent: Wednesday, October 20, 2010 4:06 PM
To: 'James, Donna'
Cc: pwhite@whitedaters.com
Subject: FW: Lot 2R - Seven Acres Business Park
Arkla approval, see below.
B
From: Bates, Joni B. [mailto:joni.bates@centerpointenergy.com]
Sent: Wednesday, October 20, 2010 3:54 PM
To: Brian Dale
Subject: RE: Lot 2R - Seven Acres Business Park
Approved
From: Brian Dale [mailto:bdale@whitedaters.com]
Sent: Wednesday, October 20, 2010 1:45 PM
To: 'Chris Keathley'; Theodis Thompson'; Daniel.Tull@CArkW.com; 'Jim Boyd'; Bates, Joni B.
Cc: pwhite@whitedaters.com; 'James, Donna'; 'Floriani, Vince'; 'Harper, Vance'; Tamara Guffey'
Subject: Lot 2R - Seven Acres Business Park
Attached is a final plat for review and approval. Please let us know if you have any questions. An email
response or signed copy sent via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without delay.
The owner of this property intends to file their plat by November 5, 2010. The City of Little Rock now
requires a sign -off from every utility company before the plat can be recorded. If you have any
questions, please contact us as soon as possible in order to expedite the process.
We appreciate your timely response
Sincerely,
Brian Dale
10/21/2010
Page 1 of 1
Paul White
From: Brian Dale [bdale@whitedaters.com]
Sent: Monday, May 17, 2010 9:42 AM
To: pwhite@whitedaters.com
Cc: 'James, Donna'
Subject: FW: Seven Acres Re -Plat
Attachments: 100517-084657. pdf
Sign off from Entergy.
B
From: THOMPSON, THEODIS [mailto:TTHOMPI@entergy.com]
Sent: Monday, May 17, 2010 8:50 AM
To: Brian Dale
Subject: RE: Seven Acres Re -Plat
Brian,
See attachment.
Theodis Thompson
-----Original Message -----
From: Brian Dale [mailto:bdale@whitedaters.com]
Sent: Wednesday, May 12, 2010 7:13 AM
To: 'Brian Dale'; 'Chris Keathley'; THOMPSON, THEODIS; Daniel.Tull@CArkW.com; 'Jim Boyd';
'Bates, Joni B.'
Cc: pwhite@whitedaters.com; 'James, Donna'; 'Floriani, Vince'; 'Harper, Vance'
Subject: RE: Seven Acres Re -Plat
I forgot the attachment.
See attached.
B
From: Brian Dale [ma i Ito: bdale@wh itedaters.com]
Sent: Tuesday, May 11, 2010 2:21 PM
To: 'Chris Keathley'; 'Theodis Thompson'; 'Daniel.Tull@CArkW.com'; 'Jim Boyd'; 'Bates, Joni B.'
Cc: 'pwhite@whitedaters.com'; 'James, Donna'; 'Floriani, Vince'; 'Harper, Vance'
Subject: Seven Acres Re -Plat
Attached is a plat for review and approval. Please let us know if you have any questions. An
email response or signed copy sent via email will suffice in lieu of a signed paper copy. If you
would like to review and sign off on a paper copy please let me know and we will have one sent
to you without delay. The owner of this property intends to file their plat by May 9, 2010. The City
of Little Rock now requires a sign -off from every utility company before the plat can be
recorded. If you have any questions, please contact us as soon as possible in order to expedite
the process.
We appreciate your timely response.
Sincerely,
Brian Dale
5/18/2010
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CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME —SEVEN ACRES BUSINESS PARK LOTS 2RA & 2RB
INSPECTOR REPORT
I hav made a final inspection of the improvements and find that:
All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards.
Certain Imprpvements remain uncompleted and a punch list has been prepared and ent.
—V"-;!e �r
�• En ineerin Specialist Date: 1 1 S
ADDRESSING SPECIALIST'S REPORT
I have re .ewed the plat and find that the street names and street configuration are acceptable. r n
Addressing Specialist Date:
TRAFFIC ENGINEER iVPQRT
I have reviewed the plat and find that:
All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in
conformance with City requirements/standards.
Work orders have been prepared for signage and street lights.
Indicate the number of street signs ordered for this plat for billing to developer
Certain improvements remain uncompleted and a punch list has been prepared and sent.
Traffic Engineer Date: '511'g / /o
CIVIL ENGINEER REPORT
I have reviewed the file for this matter and find that:
The maintenance bond has been submitted and it is the proper type and amount.
Financial assurance for the uncompleted improvements listed above has been received.
All other requirements for final plat approval have been satisfied.
Vim_ 3 -Q—Civil Engineer I/II Date:
SURVEYOR'S REPORT
I have reviewed the plat and find that:
All requirements for final plat approval have been satisfied.
Surveyor Date:
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
�- Date:
Design Review Engineer/Civil Engineering Manager
May 18, 2010