HomeMy WebLinkAboutS-0057-WW ApplicationTHIS INSTRUMENT PREPARED BY:
J. Cliff McKinney, Esq.
Quattlebaum, Grooms, Tull & Burrow PLLC
111 Center Street, Suite 1900
Little Rock, Arkansas 72201
(501) 379-1700
BILL OF ASSURANCE
WHEREAS, ALLTEL COMMUNICATIONS, LLC, a Delaware limited liability
company (formerly Alltel Communications, Inc., a Delaware corporation) ("Grantor") is the
owner of the land lying in the City of Little Rock, Pulaski County, Arkansas described as
follows:
PROPERTY DESCRIPTION
Tracts D-IA and D-113 unrecorded tracts of Riverdale Addition, being part of the W1/2 NW1/4,
Section 33, and Tract D-2A Replat, Riverdale Addition as filed for record in plat book A, page
317, and Tract E-1, Riverdale Addition as filed for record in plat book B, page 852, and Tract E-
2-R, Riverdale Addition as filed for record in Instrument No. 2011076483, and part of Cedar Hill
Road and Allied Drive Abandoned by Ordinance No. 16,607, all in T-2-N, R-12-W, City of
Little Rock, Pulaski County, Arkansas being more particularly described as follows:
BEGINNING at the NE corner of said Tract D-2A; thence S 22°00'32" E along the east line of
said Tract D-2A, a distance of 239.87 feet to the NE corner of said Tract E-2; thence S 24°07'12"
W along the ease line of said Tract E-2, a distance of 381.86 feet to the NE corner of Tract F-R;
thence S 70°32'28" W along the north line of said Tract F-R, a distance of 225.61 feet; thence S
25°24'50" W along north line of said Tract F-R, a distance of 94.84 feet; thence S 6499'57" E
along north line of said Tract F-R, a distance of 18.21 feet; thence S 25°24'57" W along north
line of said Tract F-R, a distance of 29.99 feet; thence N 64°39'57" W along north line of said
Tract F-R, a distance of 18.21 feet; thence S 25°24'50" W along the north line of said Tract F-R,
a distance of 227.22 feet; thence S 70°32'28" W along the north line of said Tract F-R, a distance
of 62.73 feet; thence S 70°22'09" W along the north line of said Tract F-R, a distance of 100.17
feet; thence continue along the north line of said Tract F-R on a curve to the left having a Radius
of 332.50 feet, an Are Length of 92.86 feet and a Chord bearing and distance of S 62°22'09" W,
92.55 feet; thence S 54°22'09" W along the north line of said Tract F-R, a distance of 131.47
feet; thence continue along the north line of said Tract F-R on a curve to the right having a
Radius of 332.50 feet, an Are Length of 85.12 feet and a Chord bearing and distance of S
61.42' 12" W, 84.89 feet; thence S 70°27'21 " W along the north line of said Tract F-R, a distance
of 48.17 feet to the easterly right-of-way line of Riverfront Drive; thence N 199 F34" W along
said easterly right-of-way line, a distance of 692.19 feet to the centerline of abandoned Cedar
Hill Road; thence continue N 19°31'34" W along said easterly right-of-way line, a distance of
665.08 feet to the south right-of-way line of Riverbend Road; thence along said south right-of-
way line on a curve to the right having a Radius of 50.00 feet, an Arc Length of 77.63 feet and a
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4611/14917/Bill of Assurances (North) 02
Chord bearing and distance of N 25°00'39" E, 70.07 feet; thence N 70' 11'06" E along said south
right-of-way line, a distance of 11.15 feet; thence along said south right-of-way line on a curve to
the right having a Radius of 547.97 feet, an Arc Length 55.12 and a Chord bearing and distance
of N 73°23'45" E, 55.10 feet; thence N 76°16'21" E along said south right-of-way line, a distance
of 56.84 feet; thence along said south right-of-way line on a curve to the left having a Radius of
597.96 feet, an Arc Length of 123.52 feet and a Chord bearing and distance of N 7096'17" E,
123.30 feet; thence N 64°22'26" E along said south right-of-way line, a distance of 16.60 feet;
thence along said south right-of-way line on a curve to the right having a Radius of 25.00 feet, an
Arc Length 20.47 feet and a Chord bearing and distance of N 89°41124" E, 19.90 feet; thence S
24°28'33" E, a distance of 37.00 feet; thence N 70°24'09" E, a distance of 25.05 feet to the west
line of said Tract D-2A Replat; thence S 24° 19'59" E along west line of said Tract D-2A, a
distance of 92.76 feet; thence S 89°18'39" E, a distance of 458.79 feet; thence N 65°28'08" E, a
distance of 134.71 feet to the POINT OF BEGINNING, containing 24.62 Acres (1,072,339 sq.
ft.) more or less.
COVENANTS
Grantors have caused the Property to be surveyed and a replat (the "Plat") thereof made,
which is identified by the title of "Final Plat of Tract D-2A-R, Tract E-2-R2, Being a Replat of
the Tract D-2A, Tract E-2-R and Tract E-1, Riverdale Addition to the City of Little Rock,
Pulaski County, Arkansas". This Bill of Assurance and the Plat have been signed by said
Grantors and is recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski
County, Arkansas, as Instrument Number . The Grantors do
hereby make this Bill of Assurance to govern and control the land described in the Plat. This is a
replat of the Property and is intended to amend and restate all prior plats of the Property so that
this Plat is the only plat of the Property.
HEREAFTER, conveyances and descriptions of the property as shown on the Plat shall
be a proper and sufficient description thereof.
Tract D-2A-R and Tract E-2-R2, Riverdale Addition, City of Little Rock, Pulaski
County, Arkansas, shall be conveyed by the Grantors and shall be acquired by the Grantees
thereof, subject to the covenants contained herein and the Plat.
RIGHTS OF WAY: With the filing of this Bill of Assurance and Plat in the office of
the Circuit Clerk of Pulaski County, Arkansas, the rights -of -way
shown on said Plat (if any) are hereby dedicated to the City of
Little Rock. The utility easements shown thereon on dedicated to
the appropriate public utilities.
TERM/AMENDMENT: This Bill of Assurance shall be in full force and effect in perpetuity
subject to the following amendment and termination rights of the
owners of the Property. This Bill of Assurance may be amended
or terminated at any time from the date hereof by the unanimous
written agreement of the owners of Tract D-2A-R and Tract E-2-
R2. The parties are mindful of the decision in Rausch Coleman
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4611/14917/Bill of Assurances (North) 02
Homes, LLC v. Brech, 2009 Ark. App. 225 (the "Decision") and do
not wish for the Decision to limit the ability of the parties to amend
this Bill of Assurance at any time and from time -to -time. The
parties intend that this Bill of Assurance may be amended at any
time from the date hereof throughout the term of this Bill of
Assurance and expressly intend and agree that this Bill of
Assurance may be amended prior to any expiration or termination
date set forth herein.
RESTRICTIONS: Grantors and all future grantees of the property described in this
Bill of Assurance and the Plat specifically agree all ordinances of
the City of Little Rock, subject to all permitted variances, shall be
strictly adhered to and followed and, should the Plat or this Bill of
Assurance be contrary, in any way, to the ordinances adopted by
the City of Little Rock, from time to time, such ordinances shall
have precedence.
All newly constructed buildings on said lots shall be constructed
no nearer the street than the building line shown on the Plat, and all
newly constructed buildings shall be constructed in conformance
with the Building Code and Zoning Ordinance of the City of Little
Rock, Arkansas.
IN WITNESS WHEREOF, Grantors do hereby set their hand and seal on this Bill of
Assurance.
ALLTEL COMMUNICATIONS, LLC,
a Delaware corporation
I:
4611/14917/Bill of Assurances (North) 02
William B. Messinger
Associate Director — Real Estate Finance
STATE OF )
ss
COUNTY OF )
On this day, before me, a Notary Public, duly commissioned, qualified and acting, with
and for said County and State, appeared in person the within named William B. Messinger, to me
well known, who stated she was the Associate Director — Real Estate Finance of Alltel
Communications, LLC, a Delaware corporation, and was duly authorized in such capacity to
execute the foregoing instrument for and in the name and on behalf of the corporation, and
further stated and acknowledged he/she had so signed, executed and delivered the foregoing
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 2012.
Notary Public
My commission expires:
(SEAL)
4
4611/14917/Bill of Assurances (North) 02
LETTER OF TRANSMITTAL
DATE: 2-9-12 1 JOB NO. 11-142
ATTN: Donna James
RE: Alltel Cam us Re lats
North Replat
DEVELOPMENT
CONSULTANTS
INCORPORATED
TO: CLR Planning & Development
723 West Markham
Little Rock, Arkansas
WE ARE SENDING YOU: X Attached ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples
❑ Under separate cover via the following items ❑ Specifications
❑ Copy of letter ❑ Change Order ❑
COPIES
DATE
NO.
DESCRIPTION
3
1
Co ies of the Northern Plat Area
Co of BOA document
THESE ARE TRANSMITTED as checked below:
X For your approval ❑ Approved as submitted ❑ Resubmit
❑ For your use ❑ Approved as noted ❑ Submit _
❑ As requested ❑ Returned for corrections ❑ Return
❑ For review and comment
❑ FOR BIDS DUE 20.
❑ PRINTS RETURNED AFTER LOAN
REMARKS: Please review for final lat a royal.
COPY TO
SIGNE
If enclosures are not as noted, kindly
copies for approval
copies for distribution
corrected prints
2200 North Rodney Parham, Suite 220 « Little Rock, Arkansas 72212 s Telephone 501-221-7882
Fax 501-221--7880
509 Lest Spring Street, Suite 185 a Fayetteville, Arkansas 72701 a Telephone 79--44 -7880 o Fax
479-251-8210
J\General Office\Transmittal.doc
Page 1 of 1
James, Donna
From: Jim Boyd Dim.boyd@lrwu.com]
Sent: Thursday, February 09, 2012 8:47 AM
To: James, Donna
Cc: 'Robert Brown'
Subject: Final Plat Tracts D-2A-R & E-2-R2 Riverdale Addition
Call if you have any questions
]amen Boyd
Lime Rock wastewater
Engineering Sup -minor
(501) 60.1414 .
(5b1) 352.0390 VI..
jim. boydZimi,com
11 Clea rrrater [wive
Little Rock, AR 72299
2/13/2012
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Page 1 of 1
James, Donna
From: Robert Brown [robertb@dci-Ir.com]
Sent: Thursday, February 09, 2012 9:25 AM
To: James, Donna
Subject: FW: Final Plat Tracts D-2A-R & E-2-R2 Riverdale Addition
The attached PDF copy has Jim Boyd's approval on it. No additional easements were required.
Robert M. Brown
Development Consultants, Inc.
Telephone: 501-221-7880
Cell: 501-804-7881
From: Jim Boyd [mailto:jim.boyd@lrwu.com]
Sent: Thursday, February 09, 2012 8:47 AM
To: 'James, Donna'
Cc: Robert Brown
Subject: Final Plat Tracts D-2A-R & E-2-R2 Riverdale Addition
Call if you have any questions.
James Boyd
Little Rack Wastewa
f ngin"rinq SupeM
(501) 688-1414'.7,,V
(501) 352-0390 Mob
pm, boyd Irnru_com
11 [learWater Drrre
Little Rock AR 72226
2/13/2012