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Home My WebLink AboutS-0057-XX Application2013015548 Received: 2/28/2013 10:10:24 AM Recorded: 02/2812013 10:15:14 AM Filed & Recorded in Official Records of Larry Crane, PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $30.00 THIS 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 Tract H-3A, Riverdale Addition to the City of Little Rock, Pulaski County, Arkansas as filed for record in plat book 34, page 99, and Tract H (not platted), and Brookwood Drive abandoned by Ordinance No. 20,546, filed for record as Instrument No. 2012010786 and unrecorded plat of Riverdale Addition to the City of Little Rock, Pulaski County, Arkansas, all being part of the SETA NE1/4, Section 32 and part of the NW1/4 SW1/4, Section 33, T-2-N, R-12-W, City of Little Rock, Pulaski County, Arkansas being more particularly described as follows: BEGINNING at the NE comer of said Tract H-3A, being on the westerly right-of-way line of Riverfront Drive; thence S 19°31134" E along said westerly right-of-way line, a distance of 706.43 feet to the northerly right-of-way line of Cottondale Lane; thence along said northerly right-of-way line on a curve to the right having a Radius of 50.00 feet, an Are Length of 86.23 feet and a Chord bearing and distance of S 29°53111" W, a distance of 75.94 feet; thence S 79°08'21" W along said northerly right-of-way line, a distance of 0.50 feet; thence continue along said northerly right-of-way line on a curve to the right having a Radius of 25.00 feet, an Arc Length of 21.62 feet and a Chord that bears N 75°55'10" W, a distance of 20.96 feet; thence continue along said northerly right-of-way line on a curve to the left having a Radius 60.00 feet, an Arc Length of 292.74 feet and a Chord that bears S 11'27'25" E, a distance of 77.50 feet to the southerly right-of-way line of Cottondale Lane; thence along said southerly right-of-way line on a curve to the right having a Radius of 25.00 feet, an Are Length of 20.73 feet and a Chord that bears N 53137158" E, a distance of 20.14 feet; thence N 79°07157" E along said southerly right-of-way line, a distance 25.08 feet; thence continue along said southerly right-of-way line on a curve to the right having a Radius 50.00 feet, an Arc Length of 70.96 feet and a Chord that bears S 60109130" E, a distance of 65.15 feet to the westerly right-of-way line of Riverfront Drive; thence S 19131'34" E along said westerly right-of-way line, a distance of 519.30 feet; thence N 88127117" W, a distance of 139.64 feet to the easterly right -of way line of Missouri Pacific Railroad; thence N 51°26'21" W along said easterly right -of --way line, a distance of 1236.99 feet; thence continue along said easterly right-of-way line on a curve to the right having a Radius of 1382.40 feet, an Arc Length of 437.32 feet and a Chord that bears N 42125'33" W, a 1 4611/14917/Bill of Assurances (West) 03 distance of 435.50 feet to the south right-of-way line of Cedar Hill Road; thence N 70°58'53" E along said south right-of-way line, a distance of 101.39 feet; thence N 5602702" E along said south right-of-way line, a distance of 371.24 feet; thence N 53°12'24" E along said south right- of-way line, a distance of 164.71 feet; 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 9.16 feet and a Chord that bears N 58'27'11" E, a distance of 9.14 feet; thence along said south right-of-way line on a curve to the right having a Radius of 914.93 feet, an Arc Length of 107.70 feet and a Chord that bears N 67°05'43" E, a distance of 107.64 feet; thence N 70125'41" E along said south right-of-way line, a distance of 168.41 feet; thence continue along said south right-of-way line on a curve to the right having a Radius of 50.00 feet, an Are Length of 78.61 feet and a Chord that bears S 64°30'42" E, a distance of 70.76 feet to the westerly right-of-way line of Riverfront Drive; thence S 19131134" E along said westerly right-of-way line, a distance of 210.25 feet to the POINT OF BEGINNING, containing 20.71 Acres (902,147 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 Tracts H-1, H-2, & H-3, Being a Replat of the Tract H-3A, and Tract H (not platted), 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 ± C, ~ LA C . 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 H-1, Tract H-2 and Tract H-3, 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 H-1, Tract H-2 and Tract H-3. The parties are mindful of the decision in Rausch Coleman Homes, LLC v. Brech, 2009 Ark. App. 225 (the "Decision") and do 2 4611114917Bi11 of Assurances (West) 03 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. [Signatures on the Following Page] Ravjmv+ ed only fcar� requirc�� by 4kt G� y ~+':� t;: ^4 !.Y tn,. 0( f1g^:si" i*) P..TC'V ,• 1i", i S�� i`!�. davalap sj n: �ubdivis WtIubli--t1�6ROC annin,mm��sicn 4611/14917Bill of Assurances (West) 03 IN WITNESS WHEREOF, Grantors do hereby set their hand and seal on this Bill of Assurance. ALLTEL COMMUNICATIONS, LLC, a Delaware corporation By: William B. Messinger Associate Director — Real Estate Finance STATE OF tQ ;. } 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 day of n 2012. M co iss on ex Tres: _ T � (SEAL) 4 4611/14917/Bill of Assurances (West) 03 officjdf�eal this,/ CIVIL ENGINEERING DIVISION FINAL PLAT'FILING APPROVALS NAME RIVERDALE H1, H2, & H3 INSPECTOR REPORT I have 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 Improvements remain uncompleted and a punch list has been prepared and sent. Engineering Specialist Date: ADDRESSING SPECIALIST'S REPORT I have reviewed the plat and find that the street names and street configuration are acceptable. Addressing Specialist TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: Date: 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 CIVIL ENGINEER REPORT I have reviewed the file for this matter and find that: Date: 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. L .. Civil Engineer I/II Date:41 �di 2— SURVEYOR'S REPORT l hav eviewed the plat and find that: All requireme for final plat approval have been satisfied. ✓ Surveyor Date: MANAGER APPROVAL Ai Civil Engineering requirements for filing this final plat have been satisfied. �►�Tit� \ Date: L2S-11 Z. Design Review Engineer/Civil Engineering Manager April 25, 2012 THIS 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 Tract H-3A, Riverdale Addition to the City of Little Rock, Pulaski County, Arkansas as filed for record in plat book 34, page 99, and Tract H (not platted), and Brookwood Drive abandoned by Ordinance No. 20,546, filed for record as Instrument No. 2012010786 and unrecorded plat of Riverdale Addition to the City of Little Rock, Pulaski County, Arkansas, all being part of the SE1/4 NE1/4, Section 32 and part of the NW1/4 SW1/4, Section 33, 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 H-3A, being on the westerly right-of-way line of Riverfront Drive; thence S 19°31'34" E along said westerly right-of-way line, a distance of 706.43 feet to the northerly right-of-way line of Cottondale Lane; thence along said northerly right-of-way line on a curve to the right having a Radius of 50.00 feet, an Arc Length of 86.23 feet and a Chord bearing and distance of S 29'53'11" W, a distance of 75.94 feet; thence S 79°08'21" W along said northerly right-of-way line, a distance of 0.50 feet; thence continue along said northerly right-of-way line on a curve to the right having a Radius of 25.00 feet, an Arc Length of 21.62 feet and a Chord that bears N 75°55'10" W, a distance of 20.96 feet; thence continue along said northerly right-of-way line on a curve to the left having a Radius 60.00 feet, an Arc Length of 292.74 feet and a Chord that bears S 11'27'25" E, a distance of 77.50 feet to the southerly right-of-way line of Cottondale Lane; thence along said southerly right-of-way line on a curve to the right having a Radius of 25.00 feet, an Arc Length of 20.73 feet and a Chord that bears N 53°37'58" E, a distance of 20.14 feet; thence N 79°07'57" E along said southerly right-of-way line, a distance 25.08 feet; thence continue along said southerly right-of-way line on a curve to the right having a Radius 50.00 feet, an Arc Length of 70.96 feet and a Chord that bears S 60°09'30" E, a distance of 65.15 feet to the westerly right-of-way line of Riverfront Drive; thence S 19°31'34" E along said westerly right-of-way line, a distance of 519.30 feet; thence N 88°27'17" W, a distance of 139.64 feet to the easterly right -of way line of Missouri Pacific Railroad; thence N 51°26'21" W along said easterly right-of-way line, a distance of 1236.99 feet; thence continue along said easterly right-of-way line on a curve to the right having a Radius of 1382.40 feet, an Arc Length of 437.32 feet and a Chord that bears N 42°25'33" W, a 1 4611/14917/Bill of Assurances (West) 03 distance of 435.50 feet to the south right-of-way line of Cedar Hill Road; thence N 70°58'53" E along said south right-of-way line, a distance of 101.39 feet; thence N 56°27'02" E along said south right-of-way line, a distance of 371.24 feet; thence N 53°12'24" E along said south right- of-way line, a distance of 164.71 feet; 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 9.16 feet and a Chord that bears N 58'27'11" E, a distance of 9.14 feet; thence along said south right-of-way line on a curve to the right having a Radius of 914.93 feet, an Arc Length of 107.70 feet and a Chord that bears N 67°05'43" E, a distance of 107.64 feet; thence N 70°25'41" E along said south right-of-way line, a distance of 168.41 feet; thence continue along said south right-of-way line on a curve to the right having a Radius of 50.00 feet, an Arc Length of 78.61 feet and a Chord that bears S 64°30'42" E, a distance of 70.76 feet to the westerly right-of-way line of Riverfront Drive; thence S 19°31'34" E along said westerly right-of-way line, a distance of 210.25 feet to the POINT OF BEGINNING, containing 20.71 Acres (902,147 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 Tracts H-1, H-2, & H-3, Being a Replat of the Tract H-3A, and Tract H (not platted), 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 H-1, Tract H-2 and Tract H-3, 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 H-1, Tract H-2 and Tract H-3. The parties are mindful of the decision in Rausch Coleman Homes, LLC v. Brech, 2009 Ark. App. 225 (the "Decision") and do 2 4611/14917Bi11 of Assurances (West) 03 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. [Signatures on the Following Page] 4611/14917/Bill of Assurances (West) 03 IN WITNESS WHEREOF, Grantors do hereby set their hand and seal on this Bill of Assurance. ALLTEL COMMUNICATIONS, LLC, a Delaware corporation 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 AlItel 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 4611/14917Bill of Assurances (West) 03