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Home My WebLink AboutS-0993-I ApplicationCity of Little Rock Planning and Development Filing Fees Date: ' { ! b , 20 b a Annexation Board of Adjustment Cond. Use Permit/T.U.P. Final Plat Planned Unit Dev. Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number at Public Hearing Signs Number at ea. $ ea. $ Total $ File No. �)— `"l rt Location VIX Applicant `►-Q,_, By bZ -0637 Beach Abstract & Guaranty Company 100 CENTER STREET - P. O. BOX 2580 LITTLE ROCK, ARKANSAS 72203 TELEPHONE: (501) 376-3301 FAX: (501) 376.5667 (TITLE DEPT.) - FAX: (501) 376-5603 (ESCROW DEPT.) June 18, 2004 E-mail S_ MILLER@beachabst.com BSIMS beachabst.com SFI RTI K @beachabst.com VIA COURIER Ms. Phyllis Sadler Twin City Bank Lakewood Village Dr. No. Little Rock, AR RE: Escrow File No. n/a Conservative Development Dear Phyllis: Enclosed please find the original, recorded Reciprocal Easement Agreement along with our invoice for advanced recording fees. Please also find a copy of the Agreement for Stuart Hankins and one for Rick Ashley, as you requested. Should you have any questions please call me, or contact us via e-mail s listed above. Thank you, Susan Firtik (501) 376-5616 Asst. to Sharon Miller, Sr. VP & Brad Sims, VP Enclosure Commercial Dept. FAX: (501) 376-5681 Prepared by and after Recording return to: Stuart W- Hankins., Esq. HANKINS LAW FIRM, P-A. 800 West Fourth Street North Little Rock, AR 72114 ..; �.••:a; h�c�rt#s �f ._l iJillSfY RECIPROCAL EASEMENT AGREEMENT I-30 and Baseline Little Rock, Arkansas Twin City Bank ("TCB"), an Arkansas banking corporation, and Conservative Development Company (the "Seller"), an Arkansas Corporation, enter into this Reciprocal Easement Agreement (this "Agreement") as of the 7 fh day of h , 2004. W I T N E S S E T H: Whereas, TCB has acquired Lot 6 Mabelvale Business Center, an Addition to the City of Little Rock ("Lot 611) from Seller by separate conveyance and depicted on Exhibit 1 to this Agreement; and Whereas, Seller owns a certain tract of real property which is adjacent to Lot 6 as depicted and/or described on Exhibits 1 and 2 to this Agreement (the "Access Easement" and "Lot 8" respectively) and it is in the best interests of the parties and the future development of Lot 6 and Lot 8 for TCB and Seller to grant each other various easements to and from Lot 6 and Lot 8. Now, therefore, in consideration of the premises, of the mutual covenants set forth in this Agreement, and of other good r,` = RECIPROCAL EASEMENT AGREEMENT PAGE 2 and valuable consideration, the receipt and sufficiency of which each party hereby acknowledges, the parties to this Agreement hereby agree as follows: 1. TCB hereby grants to Seller, its successors and assigns, and the tenants, servants, visitors and licensees of Seller and its successors and assigns, non-exclusive easements over, upon and across those portions of Lot 6 as may be denominated as common areas, parking areas, driveways, entrances, exits, service roads, sidewalks and other facilities from time to time by TCB for vehicular and pedestrian ingress and egress from and to Lot 6 and Lot 8. 2. Grant of Access Easements to TC5. Seller hereby grants to TCB, its successors and assigns, and the tenants, servants, visitors and licensees of TCB and its successors and assigns, non-exclusive easements over, upon and across those portions of Lot 8 and the Access Easement as shown on Exhibits 1 and 2 and as may be denominated as common areas, parking areas, driveways, entrances, exits, service roads, sidewalks and other facilities, from time to time by Seller within Lot 8 and the Access Easement for vehicular and pedestrian ingress and egress from and to Lot 6 and Lot 8. 3. Upon the execution, delivery and recordation of this Agreement, Seller, at its sole cost and expense, covenants to commence and RECIPROCAL EASEMENT AGREEMENT PAGE 3 expeditiously complete construction of a thirty foot (301) wide access drive on Lot 8 with connections to the parking lot and/or access drive located on Lot 6 and to Mabelvale Plaza Boulevard. Such construction specifications and materials will be commensurate with access drives located in Class A Shopping Centers in Pulaski County, Arkansas. 4. Each party shall maintain and keep in good repair the easement area situated on its property and shall keep that area free of snow, ice, rubbish and obstructions of every nature. The easement areas on each of the tracts shall meet at equal grades and no party shall construct or permit any obstructions on any tract which will interfere with any rights granted by this Agreement. S. Seller and TCB acknowledge and agree that the easements conveyed herein are not intended nor shall they be construed to convey any rights to parking on any of the tracts identified herein. 6. Nature of S;oyp_nants. The foregoing covenants shall constitute covenants running with the land and shall bind and inure to the benefit of the parties and their respective heirs, successors and assigns, including (without limitation) all subsequent owners of Lot 6 and Lot 8 and all persons claiming under them. RECIPROCAL EASEMENT AGREEMENT PAGE 4 7. Waiver. The failure of a party to insist in any one or more instance on the performance of any term or condition of this Agreement shall not operate as a waiver of any future performance of that term or condition. 8. Headings. The headings used in this Agreement appear strictly for the parties' convenience in identifying the provisions of this Agreement and shall not affect the construction or interpretation of the provisions of this Agreement. 9. LeQ ll Fees. If either party to this Agreement succeeds in any legal action to enforce the provisions of this Agreement, the other party or its successor -in -interest (as applicable) shall reimburse the successful party for its attorneys' fees and costs related to the action, in addition to any other relief obtained by the successful party. 10. Counter=arts. The parties may execute this Agreement in counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one and the same instrument. RECIPROCAL EASEMENT AGREEMENT PAGE 5 Executed as of the day and year set forth above. Seller: STATE OF ARKANSAS )' j SS. COUNTY OF PULASKI j Conservative Development Company, an Arkansas corporation By: RICHARD H. ASHLEY President On this day came before me the undersigned, a notary public, duly commissioned, qualified and acting, within and for the said county and state, appeared in person the within named Richard H. Ashley to me personally well known, who stated that he was the President of Conservative Development Company, an Arkansas corporation, and was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I hYA- hereunto set my hand and official seal this ib day of 2004. Notary Public My Commission Expires: i RECIPROCAL EASEMENT AGREEMENT PAGE 6 TCB: Twin City Bank, an Arkansas banking'corporation By: Name: - Title:. ATTEST: (SEAL) Secretary STATE OF ARKANSAS ) ) SS: COUNTY OF PULASKI ) On this day came before me the undersigned, a notary public, duly commissioned, qualified and acting, within and for the said cou ty and state, appeared in person the within named t4S-b % ,"' and ,� to me personally well known, who stated that they were the '—&& and Secretary of Twin City Bank, an Arkansas banking corporation, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered said 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 S`y,.n2. , 2004. t'I% 1111 r 1 f h,,,`` le Public = My Commission Expires: .�= pu"31-1c . MZ (Seal) •r�+rrr��rlGl+�l+tip� �'��1``• EX -DMVE 0. �� --- E-X DRlyPArAAY APFtOV�� OU � — — _ - -.• ter: _ - � 0 LOT 6 PROPO�ED DRIVE4V ' 1• ° f f 1 4 i j y �b iCo f . ff APRON (TYPICAL) �'' 1 ` = r % / f _ Y EXHIBIT NO. 1 ft2142 02,' vu - 1�.'r EXHIBIT NO. 2 A 30 FT. WIDE ACCESS EASEMENT LOCATED IN THE NE1/4 NE1/4 OF SECTION 3, T-1-S, R-13-W, LITTLE ROCK, PULASKI COUNTY., ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 5, MABELVALE BUSINESS CENTER, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE S23' 16'07' E ALONG THE WEST LINE OF SAID LOT 5 EXTENDED 176.00 FT. TO THE POINT OF BEGINNING; THENCE CONTINUING S23' 16'07" E, 113.50 FT. TO A POINT ON THE PROPOSED NORTH RIGHT-OF-WAY LINE OF MABELVALE PLAZA BLVD.; THENCE SOUTHWESTERLY ALONG SAID PROPOSED NORTH RIGHT-OF-WAY LINE BEING THE ARC OF A 305.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S42-39'37"W, 32.86 FT.; THENCE N23' 16'07" W, 126.68 FT.; THENCE N66' 19'36" E, 30.00 FT_ TO THE POINT OF BEGINNING, CONTAINING 3,593 SQ. FT. OR 0.0825 ACRES MORE OR LESS. 30 r J �j0. ........ LOT 5 Plat Bk. F, pg. 665 LOT 6 of LOT 7 /on unrecorded a ,06 LA Oa :4 r-- LOT 8`�:_ unrecorded R305.00' CDS42'39'37" W LC32.86' i i ,' EXHIBIT NO. 2 (CONTINUED) MABELVALE BUSINESS CENTER LOT 8 (UNRECORDED) PART OF THE NEIA NE1/4 OF SECTION 3, T-1-S, R 13-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 6, MABELVALE BUSINESS CENTER, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE N66019'36"E ALONG THE SOUTH LINE OF SAID LOT 6, 260.55 FT. TO THE SOUTHEAST CORNER THEREOF; THENCE S23016'07"E, 113.78 FT. TO A POINT ON THE NORTH LINE OF TRACT A, MABELVALE BUSINESS CENTER, SHOWN ON THE PLAT AS MABELVALE PLAZA DRIVE; THENCE SOUTHWESTERLY ALONG THE NORTH LINE OF SAID TRACT A BEING THE ARC OF A 305.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S34045'35"W, 116.33 FT.; THENCE N66°16'32"W, 237.30 FT. TO THE POINT OF BEGINNING, CONTAINING 27,934 SQ. FT. OR 0.6413 ACRES MORE OR LESS. h qy of DeRodc .Uffl. �tot 701 West Markham LitHe Rock, Arkansas 72201-1300 371-4811 Fax 371- 4460 w D CIVIL ENGINEERING RESPONSE civil THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN L a BE ISSUED WA � a-te ; I.1cSS n o SIGNED BY ENGINEER 1 w* SIGNED BY SURVEYOR SIGNED BY 911 ADDRESS COORDINATOR N r DXF. DISKETTE PLAT ® d� DXF DISKETTE STORM DRAIN F 1100, REMARKS Division C_ '_C , 1-13 -5: BILL_OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: 34�es��esa �i:a1:al Afl Filed d ReclDrded it, Official Records of CAROLYN STALEY PULASKI COONTY CIRCUITICOURTY CLERK Fees $26.08 That Conservative Development Company, an Arkansas business corporation, by its Vice -President and Secretary, duly authorized by proper Resolution of the Board of Directors, being the owner of certain lands located in Pulaski County, State of Arkansas, and described as: PART OF THE NE 1/4 NE 1/4, SECTION 3, T-1-S, R-13-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS BEING MORE PARTICULARLY DESSCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF LOT 5, MABELVALE BUSIENSS CENTER, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE S2301610711E ALONG THE WEST LINE OF SAID LOT 5 EXTENDED 176.00 FT.; THENCE S6601913611W, 260.55 FT. TO A POINT ON THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 29, MARTIN INDUSTRIAL PARK, LITTLE ROCK, PULASKI COUNTY, ARKANSAS; THENCE N2312911711W ALONG SAID EAST LINE, 176.00 FT. TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE ROUTE #30; THENCE N6601913611E ALONG SAID SOUTH RIGHT-OF-WAY LINE, 261.22 FT. TO THE POINT OF BEGINNING, CONTAINING 45,916 SQ. FT. OR 1.0541 ACRES, MORE OR LESS. in consideration of the benefits to accrue to it and to simplify the description of said lands, makes this Bill of Assurance declaring that said lands shall henceforth be known and described �;TAH Lot 6, Mabelvale Business Center, an Addition to the City of Little Rock, Pulaski County, Arkansas. the boundaries, size and dimensions of which are as shown in the annexed copy of a plat thereof, made by White�Dater��,`�,_ THIS INSTRUMENT PREPARED BY: HANKINS & HICKS ,r P.O. Box 5670 North Little Rock, AR 72119'��` r 1 4y Associates, Inc., Civil Engineers, which plat is by reference incorporated in and made a part of this Bill of Assurance. Henceforth, for conveyancing and all other purposes, it shall constitute a lawful and sufficient description of said lands to describe the same as: Lot 6, Mabelvale Business Center, an Addition to the City of Little Rock, Pulaski County, Arkansas. Permanent easements for access, ingress and egress, for drainage, for laying and maintaining pipes and mains, lines and cables, storm sewers, and for the installation and maintenance of water, sewer, gas, electric, telephone, cable television, fiber optic and other utilities are created, excepted and reserved over, under, across and through the Land as shown on the Plat. The right to amend, modify, extend, change and/or cancel shall exist at all times before May 1, 2028, and shall also exist at all times during each and every one of the successive ten (10) year periods provided for hereinafter and shall become effective when each such instrument is filed for record in the office of the Recorder of Pulaski County, Arkansas. The covenants, restrictions, and provisions of this instrument shall be automatically extended for successive periods of ten (10) years each on and after May 1, 2028, unless and until amended or canceled as authorized hereinbefore then such automatic extensions for successive periods of ten (10) years each shall apply to this instrument as so changed. - 2 - Invalidation of any restriction set forth herein or any part thereof by an order, judgment, or decree of any Court or otherwise shall not invalidate or affect any of the other restrictions or any part thereof as set forth herein but they shall remain in full force and effect. IN TESTIMONY WHEREOF, the name of Conservative Development Company is hereunto affixed by its Vice-Presidentand /its seal affixed by its Secretary this day of o61,pR f L_ , 2003. ..evieuad c7,,y fcr indusion of minimum standards requireli by ti;o Ci y of L'•:i!c rock subdivision, r^ ; !^,�^r Bill of Asseraaw rrovls;.== e;t^ iic?ad L'y t n developer Fay c c:3od m ri :" rcyu;u':cns of tho Litt!e RocksuV'ivis,cn and zoning adinarces .4� 03 i City of Little Rock Planni mm1wirn-r CONSERVATIVE DEVELOPMENT COMPANY T By: -2&j Z STUARTW. HANKINS Vice -President and Secretary STATE OF ARKANSAS ) )ss. ACKNOWLEDGMENT COUNTY OF PULASKI ) On this day, personally appeared before me STUART W. HANKINS to me personally well known, who acknowledged that he was the Vice -President and Secretary of CONSERVATIVE DEVELOPMENT COMPANY, an Arkansas business corporation, and that he, as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer. PWITNESS my hand and official seal this O�r.� day of �p r) , 2003. �n Notary bl c My Commission Expires: %av �, a3, �o `o AN tom:: CATHY J. MARSHALL .=» Faulkner County.' My Commission Expires =�R"""5*• March 23, 2010 — 3 —