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HomeMy WebLinkAboutS-1073-I ApplicationCity of Little. Rock,Ark. 0227 Filing.F s Date:/.20 C-cam Annexation Bd.of Adjustment $ Cond. Use Permit $ Final plat $J%. 6--D Planned Unit Dev. $ Preliminary Plat $ Special Use Per t 4 Rezoning $ n n,-,i� Site Plans r Right of way abandonment Street name change $ Street name signs Number at ea. $ Total $ File no. Location Lc 1 -5y' ]� Applicant - I_ s fs' By!` -•' — 2000083869 11/28/2000 11:38:49 AM Filed & Recorded in Official Records of CAROLYN STALEY PULASKI COUNTY CIRCUIT/COUNTY CLERIC' Fees $32.00 s�tiSs+ti1logoof ,- PLAT AND FOURTH SUPPLEMENTAL BILL OF ASSURANCE FOR ARKANSAS SYSTEMS OFFICE PARK (LOT 5) AN ADDITION TO THE CITY OF LITTLE ROCK PULASKI COUNTY, ARKANSAS Eurotech, LLC Grantor Arkansas Systems Building Co., LLC Arkansas Systems Land Co., LLC and Chenal Technology Center, LLC Original Grantors This instrument prepared by And after recordation return to: J. Scott Schallhom Kutak Rock LLP 425 West Capitol Avenue, Suite 1100 Little Rock, Arkansas 72201 aQ .0 rnCz 10-20741.02 PLAT AND FOURTH SUPPLEMENTAL BILL OF ASSURANCE FOR ARKANSAS SYSTEMS OFFICE PARK (LOT 5) AN ADDITION TO THE CITY OF LITTLE ROCK PULASKI COUNTY, ARKANSAS TO THE PUBLIC: KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, Eurotech, LLC, an Arkansas limited liability company, (the "Grantor") owns in fee simple that real property lying in Pulaski County, Arkansas which is more fully described on Exhibit A, attached hereto and incorporated herein by this reference (the "Lot") which is illustrated on that plat attached hereto as Exhibit B and made a part of this instrument (the "Plat") as Lot 5 of the ARKANSAS SYSTEMS OFFICE PARK, an Addition to the City of Little Rock, Pulaski County, Arkansas (the "Addition"); and WHEREAS, on April 18, 1997, Arkansas Systems Building Co., LLC, Arkansas Systems Land Co., LLC and Chenal Technology Center, LLC (collectively, the "Original Grantors") collectively filed in the office of the Circuit Clerk and Ex-Officio Recorder in and for Pulaski County, Arkansas and recorded therein as Instrument No. 97-024138 that certain document entitled Plat and Bill of Assurance for Arkansas Systems Office Park (the "Original Bill of Assurance"); and WHEREAS, Grantor now desires to subject the Lot to certain of those covenants, conditions, restrictions, limitations and encumbrances as are more fully set forth in the Original Bill of Assurance; and WHEREAS, by the filing of the Plat and the submission of the Lot to the Original Bill of Assurance, the Grantor intends to create for its benefit, and for the mutual benefit of the Grantor's successors and assigns and all future owners of the Lot, certain rights, easements, covenants and conditions governing the use, enjoyment and maintenance of the Lot; NOW, THEREFORE, Grantor, for and in consideration of the benefits to accrue to it, and to its successors and assigns, hereby plats the Lot as Lot 5, ARKANSAS SYSTEMS OFFICE PARK, an Addition to the City of Little Rock, Pulaski County, Arkansas, in accordance with the dimensions and specifications pertaining to the Lot as are more fully described on the Plat; and hereby states and affirms that henceforth, the subsequent conveyance and description of the Lot by such designation as shown and represented on the Plat shall be a proper and sufficient legal description for all purposes of every nature; AND FURTHERMORE, Grantor does hereby subject the Lot to those covenants, conditions, restrictions, limitations and encumbrances set forth in the Original 10-20741.02 Bill of Assurance, the terms and conditions of which are incorporated herein by this reference, subject to the following: By execution below, the Original Grantors, as grantors under the Original Bill of Assurance, hereby waive any requirements of review by the Architectural Control Committee and hereby grant all approvals necessary or required under Sections 1, 8, 9, 10, and 13 of the Original Bill of Assurance. 2. Notwithstanding anything contained in Section 2 of the Original Bill of Assurance to the contrary, Grantor may install lines, wires, poles, towers and other devises for communications necessary for the business conducted by Grantor or its tenants with the consent of the Architectural Control Committee. The Lot shall not be subject to Section 6 of the Original Bill of Assurance. Grantor hereby grants and conveys to the City of Little Rock, Arkansas (the "City"), and its successors and assigns, a perpetual, non-exclusive easement over and across that portion of the Lot marked and referred to on the Plat as "Access, Drainage & Utility Easement" and "Drainage & Utility Easement", with right of ingress and egress across lands of Grantor adjacent thereto, for the purpose of constructing, improving, maintaining, repairing, replacing, testing and inspecting of public utilities, storm drainage, sidewalks and ramps, now and at different times in the future. Grantor hereby reserves the right to use, enjoy and occupy the lands within the marked easement areas for any purpose not inconsistent with the City's use of the easement for the purposes granted herein, provided that Grantor shall not place any building, footing, wall or other structure on the marked easement areas, but Grantor may, however, use such areas for driveways, pedestrian walkways and parking areas. Grantor may permit other utility services to cross the marked easement areas. By acceptance of this easement, the City agrees that upon completion of any initial or subsequent work within the marked easement areas, the City shall backfill and thoroughly compact all excavations to minimize settling and shall level the surface over its excavations and pipelines, remove all excess excavated materials and debris and leave the premises in a clean and sanitary condition. If any of its initial or subsequent work damages any fence, curb or paved surface upon the easement area or other area used to access the easement area, the City, at its expense, shall repair or replace the damaged portion with materials of like quality and as nearly as possible to its prior condition. 4. Notwithstanding anything contained in Section 7 of the Original Bill of Assurance to the contrary, Grantor and the Original Grantors acknowledge and agree that no Common Areas have been identified by the Original Grantors as of the date hereof. Original Grantors agree that no Common Areas shall be identified or designated and no charges necessary for the maintenance of any Common Areas shall be imposed or levied without Grantor's prior written consent, which shall not be unreasonably withheld. The Original Grantors agree to form an owners association at the time any Common Areas are identified to hold title to and maintain the Common Areas and determine assessments for such maintenance. 10-20741.02 2 5. Except where necessary to (i) plat, deplat, reconfigure, further subdivide, and/or consolidate any portions of the real property not owned by the Grantor presently subject to the Original Bill of Assurance, whether pursuant to said original instrument or by subsequent supplement or amendment, or (ii) cure ambiguities or (iii) correct errors, the Original Grantors agree that the Original Bill of Assurance may not be amended without the prior written consent of Grantor. 6. The Lot will not be subject to Section 20 of the Original Bill of Assurance. Henceforth, all subsequent owners of the Lot, or any portion thereof, shall be subject to the use restrictions and limitations as are set forth in the Original Bill of Assurance, as amended and modified hereby. It is the express intention of the Grantor that hereafter, the Lot and all interests therein shall be held, owned and conveyed subject to and in conformity with all declarations, restrictions and covenants as are set forth in the Original Bill of Assurance, as amended and modified hereby, the terms and conditions of which are incorporated herein by this reference, and that all such declarations, restrictions and covenants shall be binding upon all owners of the Lot along with all other parties who might obtain interests in and to the Lot and their respective successors and assigns forever. Terms not otherwise defined herein shall have the meanings set forth in the Original Bill of Assurance. The defined term "Land" as is referenced in the Original Bill of Assurance is hereby modified and amended to include not only the real property as is described therein, but that real property which is the subject of this instrument and any other prior recorded amendments or supplements to the Original Bill of Assurance, subject, however, to any modifications, qualifications or limitations set forth in any such amendments or supplements. By its execution below, Firstar Bank, National Association, holder of a mortgage on the Lot, consents to the covenants, conditions, restrictions and limitations set forth in this instrument. [SIGNATURES FOLLOW ON DAMEDIATELY SUCCEEDING PAGE] 10-20741.02 This instrument is executed as of this 2-� day of November, 2000. GRANTOR: Eurotech, LLC By: Henry t. Kelley, ]., Member ORIGINAL GRANTORS: Arkansas Systems Building Co., LLC By: - �>4= Title: Arkansas Systems Land Co., LLC By: Title: Chenal Technology Center, LLC By: Title:�� Firstar Bank, National Association Title: 10-20741.02 STATE OF ARKANSAS ) ua2'c��) ss. COUNTY OF PU£ASI$ ) On November 1 - , 2000, before me, a duty qualified and acting Notary Public, personally appeared (' P-t.f I—. , who acknowledged him/herself to be a Member of Eurotecli, LLC, an kansas limited liability company, and that he/she, being authorized so to do, executed the foregoing instrument for the purposes and consideration therein contained, by signing the name of the company by him/herself as member. In witness whereof, I hereunto set my hand and official seal. n469.P' Notary ublic My Commission ExpiresI C 6 STATE OF ARKANSAS ) UD ; �� ss. COUNTY OF PUEAS ) On November 16 , 200, before m , a dt�l�y qualifi d and acting Notary Public, personally appeared r d r �r. , who acknowledged him/herself to be a Member of Arkansas Sysitims Su' ing Co., LLC, an Arkansas limited liability company, and that he/she, being authorized so to do, executed the foregoing instrument for the purposes and consideration therein contained, by signing the name of the company by him./herself as member. In witness whereof, I hereunto set my hand and official seal. NOT, .c ► �= Not Public %. 4Ic := My Commission Expires: �'5 _ 10-20741.02 STATE OF ARKANSAS ) ss. COUNTY OF ) On November 15, 2000 before me, .du1 qualifiet� and acting Notary Public, personally appeared who acknowledged him/herself to be a Member of Arkansas S stems Land to., LLC, an Arkansas limited liability company, and that he/she, being authorized so to do, executed the foregoing instrument for the purposes and consideration therein contained, by signing the name of the company by him/herself aster. In witness whereepl herFINt$Aegt'�@sv hand and official seal. [[�� No Public I _ .... .e'-J My Commission Expires: I is STATE OF ARKANSAS-, ) �Fb ) ss. COUNTY OF � 1 On November //J , 2000, fare me, a d rl q lified d acting Notary Public, personally appeared e , who acknowledged him/herself to be a Member of Chenal Technqlogy Center, LLC, an Arkansas limited liability company, and that he/she, being authorized so to do, executed the foregoing instrument for the purposes and consideration therein contained, by signing the name of the company by him/herself as member. In witness My Commission Expires: r 00- hand and official seal. Notdry Public 61 10-20741.02 Doc# 2000083869 STATE OF ARKANSAS ) ss. COUNTY OF PULASKI 1 On November 16* , 2000, before me, a duly qualified and acting Notary Public, personally appeared Co. , who acknowledged him/herselfto be a ❑fFirstar Bank, National Association, a national banking association, and that he/she, being authorized so to do, executed the foregoing instrument for the purposes and consideration therein contained, by signing the name of the national association by him/herself as member. In witness whereof, I hereunto set my hand and official seal. Notary Public My Commission Expires: 2Au2-Cj0z LITTLE ROCK PLAN NG COMMI I N APP ED BY: DATE: /-)OV. a&; a--GWG EOM. ExA s NOTARY PUBLIC ¢ .22 Skr coy 1 10-20741.02 Rcit of Little Rock Depar,ment of Public Works ,01 West 142t ha-1 Little Rock. tTkarsas ::2 1•t3�0 371.4811 FI.X CIVIL EN INIE'O ING RESPONSE Enqineerinq Division The Civil Engineering Requirements for Filing of Final Plats have been satisfied. Approval for filingf this plat can . be issued �►�• S �� `5 ��� r Sinned By • R l jiky-Ls{ S : 11 Ne�J of CLR PU^L•IC WORKS DEPT. DATE TO AGENCY FAX # FROM AGENCY FAX r PHONE r TOTAL.PAGES © WHITE-IDATERS & ASSOCIATES, INC. 401 Victory Street Little flock, Arkansas 72201 :(501) 374-1666 N -7 / Mr. Monte Moore City of Little Rock Planning & Development 723 W. Markham Little Rock, AR 72201 RE: K K- �S a5 Sl zS ev s Lo� 5 Mr. Moore, Please review the following plat(s) and call Brian Dale or Paul White with any comments you may have. Thank You, Gn -gyp-s--� CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING