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Home My WebLink AboutS-1538-J Application2015057867 Received: 9/21/2015 11:50:45 AM Recorded: 09/2112015 12:11:21 PM Filed & Recorded in Official Records of Larry Crane, PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $75.00 BILL OF ASSURANCE for GATEWAY TOWN CENTER PHASE III m Prepared by: J_ Scott Schallhorn Mitchell, Williams, Selig, Crates & Woodyard, P_L.L.C. 425 West Capitol Avenue, Suite 1800 Little Rock, Arkansas 72201 Table of Contents l. Covenants, Conditions and Restrictions .............. -................................................... ............... 2 2. Defizitionm.................... -----................... ...................... 2 3. Utility Easements ........................................... ............. ............ ................... .--.-.......... 3 4. Dedication of Streets ......... .... '-........ ........................... ---.-~----__--_--_-----3 5. Pedestrian Promenade ....................................... ''__---'..-.'-----3 tiStreet Trees ........... ---~.~--'--~^........ -------.-----~-.-'-'------'--_---_---__/4 7[ Building Plan Review .......... .......................................... - ................................................... 4 0. Use OfLand ..................................................................... -.~~._--_-'^-�--'-._---'�4 9. Delegation of Authority ---_-_.~-_------__---____.--._--.-~-.-_-._.-..5 lO. Obligation for ioAssociation ................................................... 5 ll. Utilities ............ ------,................ ^........ ~'--^-----'�----^-----.-5 12. Water and Sanitary Sewer Systems ......... ~-.......................................... ........ -......... ......... 5 13. Trash Storage .................. z-.--_-----._-_~---,r'---........ ................ ......... 8 14- Oil and Mineral Operations .................................. ~__-'..-_-........... ^....... ^.......... ^................ 6 15. Temporary Structure ----------_,-.»................ ._~~...................................... 6 16. Setback Lines ----6 17. Propep Lines and Boundaries ...................................... -....................................... ,_-.,_~.� 18. Driveway Obstructions .......................... ------ .................................................................. ~0 19.- Lot Subdivisions---------_--_---_-------_--_------'.'�-'-_--_-_'-^_.~ 20. Restrictions Run With %and'Right ToEnforce .............................. ...... w'�......... ................. 6 31. Modification OfRestrictions ---.---.-'------_~-_---.^..'^'------.--_--,-^,,7 22' Attorney Fee ................... ~'-----............ ......................................................................... 23. Term; Extension ................................................................................................................. .7 24. Se"vnmou/ty............................................. ................ '-............................... 25. Construction ofinstrument ............ --.--_------_~_.---.-.---_-~-.---~.~'7 BILL OF ASSURANCE for GATEWAY TOWN CENTER PHASE III This BILL OF ASSURANCE ("Bill ofAssurance") is executed by Town Center, LLC, an Arkansas limited liability company known herein as the "Declarant," and made effective as of the Effective Date (as defined below). RECITALS: A. Declarant is the owner and Declarant of the lands more particularly described on 1✓xhibit A attached hereto and made a part hereof; shown on the plat described below as Lot 9, Gateway Town Center, Phase III, an Addition to the City of Little Rock, Pulaski County, Arkansas ("Gateway Town Center, Phase IV'). The Declarant hereby declares that Gateway Town Center, Phase III and any other property made subject to this Bill of Assurance by a supplement thereto (together, the "Property") shalI be held, sold and conveyed subject to the provisions of this Bill of Assurance, which shad run with the Iand and be binding upon all owners of property within the Property, their heirs, successors and assigns, and upon all other parties, heirs, successors and assigns having any right, title or interest in all or any part of the Property. i B. Declarant is the developer of all of the property in Pulaski County, Arkansas, known as Gateway Town Center, the entirety of which is more particularly described on Exhibit B attached hereto and made apart hereof (the "Declarant Parcel"), which is planned as a mixed -use commercial development. Although Gateway Town Center, Phase III lies wholly within the_ unplatted portion of the Declarant Parcel, Declarant does not submit the entire remaining unplatted Declarant Parcel to all the terms of this Bill of Assurance at this time. C. Declarant desires to subdivide the Property into building lots, streets, utility easements and drainage improvements as shown on the plat filed herewith, and that the said Property be held, owned and conveyed subject to the protective covenants herein contained, in order to enhance the value of Gateway Town Center. D. The Declarant Parcel is subject to that certain Declaration of Covenants and Restrictions filed September 28, 2012, in the office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, as Instrument No. 2012062717, as the same may be amended or supplemented from time to time (as amended, the "Declaration"). NOW, THEREFORE, Declarant, 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 McGetrick & McGetrick, Little Rock, Arkansas, dated 2015, and bearing a Certificate of Final Approval executed by the City of Little Rock, and showing the boundaries and dimensions of the Property now being subdivided into building lots, open spaces, streets, alleys and private pedestrian walkways (the "Plat"). The lands embraced in the Plat shall be forever known as "Lot 9, Gateway Town Center, Phase III, an Addition to the City of Little Rock, Pulaski County, Arkansas" and any and every deed of conveyance of any tract or Lot in Gateway Town Center, Phase III describing the same by the number shown on said Plat shall always be deemed a sufficient description thereof. 1. Covenants Conditions and Restrictions. The Property platted pursuant to this Bill of Assurance and any interest therein shall be held, owned and conveyed subject to and in conformity with this Bill of Assurance and the Declaration and the covenants and restrictions set forth herein and therein. 2. Definitions. The following terms and phrases used in this Bill of Assurance shall be defined as follows: (a) "Association" shall mean Gateway Town Center Property Owners Association, Inc., an Arkansas non-profit corporation, established pursuant to the Declaration. company- (b) "Board" means the Board of Directors of the Association. n (c) "City" shall mean the City of Little Rock, Arkansas. (d) "Declarant" shall mean Town Center, LLC, an Arkansas limited liability (e) "Declaration" shall have the meaning set forth in Recital D above. (f) "Effective Date" shall mean the date this Bill of Assurance is filed with the Recorder of Pulaski County, Arkansas. (g) "Improvement" shall mean and include all buildings and roofed structures, parking areas, fences, walls, hedges, mass plantings, light poles, driveways, lakes, signs, changes in any exterior color or shape, glazing or reglazing of exterior windows with mirrored or reflective glass, and any other new exterior construction or exterior improvement that materially alters the appearance of the Property and which may not be included in any of the foregoing. The definition does not include garden plant, shrub or tree replacements or any other replacement or repair of any magnitude that does not materially change exterior colors or exterior appearances. (h) A "Lot" is the smallest piece of real property that may be separately conveyed and that is reflected on the Plat. A Lot may be a platted lot improved with, or intended to be improved with, a commercial building or office building that is owned by a single entity. A 2 Lot may also be a tract described in a metes and bounds description, in the event that the same is made subject to this Bill of Assurance by a supplement thereto. If a Lot is hereafter subdivided, each subdivided portion shall be deemed a Lot. (i) "Owner" shall mean and refer to any individual, person, firm, corporation, partnership, limited liability company, trust or other legal entity, or any combination thereof, whether one or more, who or that holds record fee simple title to (or upon the existence of a life estate, the holder of such estate in) any Lot which is a part of the Property, but excluding those having such interest merely as security for the performance of an obligation. (j) Plat shall mean the plat of Gateway Town Center, Phase III described in the "NOW THEREFORE" paragraph above. 3. Utility_Easements. The Plat reflects certain easements for utilities. Declarant hereby donates and dedicates the utility easements to and for the use of public utilities, without limiting the generality of the foregoing, electric power, natural gas, water, sanitary sewer, telephone, cable television, security, other communication lines, drainage and storm sewer, with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities (the "Utility Providers") to use and occupy such easements, and to have free ingress thereto and egress therefrom for the installation, operation, maintenance, repair and replacement of such underground utility services and all improvements, including required surface improvements, necessary for such services. The filing of this Bill of Assurance and Plat for record in the office of the Circuit Clerk and Recorder of Pulaski County shall be a valid and complete delivery and dedication of the aforementioned easements subject to the limitations herein set out_ In the event any structures, buildings, or similar improvements shall be built or maintained within the area of such easement, no Utility Provider shall be liable for the destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easement. By virtue of these easements any Utility Provider may install and maintain facilities and equipment, excavate for such purposes and affix and maintain wires, circuits and conduits; provided, however, that any Utility Provider who disturbs any improvement permitted upon the Property under this section, including, without limitation, roadways, sidewalks, curbs, landscaping, and fencing, shall restore such improvements to the condition they were in prior to such disturbance. Further, the exercise of this easement must not unreasonably disturb each Owner's right of quiet enjoyment of the Owner's Lot. 4. Dedication of Streets. All streets and alleys as depicted on the Plat are hereby dedicated to the use of the public. 5. Pedestrian Promenade. A non-exclusive easement is hereby granted to the "Owners" as defined in the Declaration over and across the area noted on the Plat as "Pedestrian Promenade". The Pedestrian Promenade is a "Common Area" as defined in the Declaration, is not dedicated to the use of the public, and is intended solely for pedestrian use. As a Common Area, the improvements constituting the Pedestrian Promenade, including the footpath and all trees, landscaping and lighting, shall be managed, maintained and replaced by the Association, the cost of which shall be a common expense of the Association paid with assessments levied pursuant to the Declaration. The Association is hereby granted an easement for access, ingress 3 and egress over and across the Pedestrian Promenade for management, maintenance and replacement purposes. 6. Street Trees. (a) As part of the improvements on its Lot, Owners shall plant and install Painted Bark Ehn (Ulmus Parifolia (Frontier)) trees, or other similar trees as may be approved by Declarant, as set forth in this section (collectively, the "Street Trees"). The Street Trees shall be no smaller than three inch caliper and fifteen feet tall at time of planting, and shall be planted generally on thirty foot centers along the platted street and within the Pedestrian Promenade adjoining the Lot. The Street Trees shall be located generally along the same line as those on adjoining Lots, but no farther than five (5) feet from the Lot line along the street and within the Pedestrian Promenade not more than five (5) feet from the Lot line. Location of the Street Trees shall be included as part of the Declarant's building plan review_ (b) After installation of the Street Trees, Declarant will install lights in or on the Street Trees similar to those on the trees located on Declarant Property near the Gateway Town Center northern pylon sign along Interstate 430, and underground and above -ground electrical improvement necessary to supply electrical power to the lights. The installation of lights and related electrical improvements shall be at Declarant's sole cost and expense. The Street Trees and all lights and related electrical improvements, including without limitation, tree trimming and related maintenance, shall be operated, maintained and replaced by the Association, the cost of which shall be a common expense of the Association paid with assessments levied pursuant to the Declaration_ Declarant retains and shall have an easement for access, ingress and egress over and across the Ploperty for purposes of installing the Street Tree lights and all related electrical improvements. The Association is hereby granted an easement for access, ingress and egress over and across the Property for purposes of maintaining and replacing the Street Trees, lights and associated electrical improvements. The Owner of the Lot shall be responsible for the cost of electrical power consumed by the lights in the Street Trees on its Lot. (c) On or after ten (10) years from the recording of this Bill of Assurance, the Owners and the Association may elect by unanimous mutual agreement to no longer use or operate the lights in the Street Trees, or elect to install different improvements. Any such agreement -shall be in writing and notice of such agreement shall be recorded in the real estate records of Pulaski County, Arkansas. 7. Building Plan Review. No Improvement of any kind, including outbuildings, shall be constructed, erected, placed, altered, added to, reconstructed, exterior repainted, or permitted to remain upon any Lot, and no construction activity or grading shall be made unless the Declarant has approved an applicant's plan for such Improvements as provided for in the Declaration. 8. Use of Land. The Lot herein platted shall be held, owned and used only in accordance with the provisions of the Declaration and this Bill of Assurance. Declarant certifies that the terms of the Declaration as drafted and imposed by Declarant, in particular the terms of Section 9.2 thereof, are intended to prohibit the use of the Property for the operation of a casino, El gambling hall, or other traditional gambling facility, and not to prohibit the use of amusement games and machines for which non -monetary prizes are offered. 9. Delegation of Authority. Declarant shall have the right, but not the obligation, by a ,vri tten instrument recorded_ in_the office of the C rcuit_C1jerk-and-Recorder of -Pulaski County. Arkansas, to delegate, convey and transfer to the Association and/or any successor Declarant all authority, rights, privileges and duties reserved by Declarant in this Bill of Assurance. 10. Obligation for Assessments_ Membership in Association. (a) By acceptance of a deed or other conveyance of property covered by this Bill of Assurance, each Owner of a Lot within the Property shall be deemed to (i) acknowledge that such Lot is subject to the Declaration, and (ii) subject to subsection (b) below, covenant and agree to pay any assessments, charges and/or special assessments which may hereinafter be levied by the Association as permitted or limited by the Declaration. All Owners of Lots within the Property will be members of Gateway Town Center Property Owners Association, Inc. as provided for in the Declaration. (b) An Owner of a Lot within the Property shall not be liable for any General Assessment (as defined in the Declaration) (i) in excess of Five Hundred Dollars ($500.00) per acre of the Owner's Lot for the Association's fiscal year in effect at the time the Owner received title to its Lot, and (ii) for the Association's next fiscal year, an amount greater than one hundred two percent (102%) of the previous year's amount. Thereafter, Owners shall be responsible for General Assessments as provided in the Declaration. In no event shall Owners of Lots within the Property be subject to any such General Assessments unless all other owners of land in the Declarant Parcel (other than the Owner of Lots 3, and 4, Gateway Town Center, Phase I, an Addition to the City of Little Rock, Pulaski County, Arkansas, presently occupied by Bass Pro Outdoor World) are similarly responsible for their respective share of the General Assessment. Declarant shall indemnify and hold harmless an Owner of a Lot within the Property for any General Assessment levied against such Owner's Lot in excess of the amounts set forth above in this subsection. 11. Utilities. Electrical, telephone and cable television utility lines are or shall be located in underground utility easements and in the rights of way of common streets. Connections from the Lots to the underground utility lines shall be completed at the Owner's expense and shall be underground. 12. Water and Sanitary Sewer Systems. Water and sanitary sewer lines exist underground in utility easements and the rights of way of common streets. Connections from the Lots to the water and sanitary sewer lines shall be completed at the Owner's expense, including any fees and assessments charged by the utility providing such service_ All such connections shall comply with all applicable standards of the provider of the service, the State of Arkansas, -- -- - —and-any-other regulatory -agency with -jurisdiction. -No private sanitary -sewer systems -shall be-.. _- _ permitted. 5 13. Trash Storage. All garbage and trash shall be placed in sanitary capped containers, which shall be located until time for pick-up within an acceptable screened or a walled -in area so the enclosed area is not visible from any street or adjoining property. 14. Oil and Mineral OPerations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any building site, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot or other lands subject to this Bill of Assurance. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot or other lands subject to this Bill of Assurance. 15. Temporary Structure. No trailer or other structure of a temporary character shall be used permanently on a Lot for any purpose. Use of trailers and temporary structures as construction offices or for material storage during construction, and trailers and tents for parties or during periodic, special events in connection with the Owner's or tenant's business shall be permitted. 16. Setback Lines. No enclosure or part of any building of any type or nature whatsoever shall ever be constructed, erected, placed or maintained closer to the applicable lot ---- -line than the -building -setback line- applicable and -in -effect -as to -each -Lot - IT 18. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs shall be saw cyt at driveways with a diamond blade, and driveway grades lowered to meet the gutterline as may be required by applicable law. 19. Lot Subdivisions. This Bill of Assurance shall not be deemed to prohibit further subdivision of a Lot, provided that any Lot subdivision shall be subject to Declarant's prior written approval. All Lot subdivisions shall be accomplished in accordance with applicable law, rules and regulations. Declarant's right to approve the subdivision of a Lot shall continue for so' long as (i) Declarant owns any of the Declarant Parcel or (ii) twenty (20) years from the Effective Date, whichever is less. 20. Restrictions Run With Land,• Right To Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns. All parties claiming by, through or under the Declarant shall be deemed to covenant with the owner of the Lots hereby restricted, and its successors and assigns, to conform to and observe these covenants and restrictions. No covenant or restriction herein shall be personally binding upon any corporation, person or persons, except with respect to breaches committed during its, his or their term of holding title to said land. Declarant and the Association and their respective successors and assigns, and also the Owner or Owners of any of the Lots hereby restricted, shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to C enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages and failure by any Owner or Owners of any Lot or Lots in this addition to observe any of the restrictions herein. Any delay in bringing such action shall, in no event, be deemed to be a waiver of the right to do so thereafter. No waiver of any breach or failure to enforce any obligation of any agreement or provisions herein contained shall be deemed a waiver of any preceding or succeeding breach thereof or of any other agreement or provisions herein contained. The right to obtain an injunction or other equitable remedy shall be available notwithstanding the availability of an adequate remedy at law. The Owner or Owners of any Lot against whom an enforcement action is commenced waives the right to assert the availability of an adequate remedy at law as a defense to an injunction or other equitable remedy by accepting title to a Lot restricted hereby. 21. Modification of Restrictions. This Bill of Assurance may be amended by, and only by, a written agreement signed by Owners of sixty seven percent (67%) of the Allocated Interests (as defined in the Declaration) within the Property, satisfaction of such percentage being certified by the president, vice president or secretary of the Association, and shall be effective only when the amendment is recorded in the real estate records of Pulaski County, Arkansas. Rights reserved to the Declarant may not be amended at any time without the specific consent of the Declarant. Whenever any action described in this Bill of Assurance requires approval of Owners representing sixty seven percent (67%) or more of the Allocated Interests within the First Supplement Parcel, amendment of that provision shall require the same percentage vote as would be required to accomplish that action directly. 22. Attorney Fee. In any legal or equitable proceeding for the enforcement or to restrain the violation of this instrument or any provisions thereof, by reference or otherwise, the prevailing parry or parties shall be entitled to attorney fees in such amount as the court finds reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not exclusive. 23. Term; Extension. The restrictive covenants set forth in this Bill of Assurance shall be effective as of the date first above written and shall continue in full force and effect until 11:5-9 p.m. on the date which is fifty (50) years after the date of this Bill of Assurance. All covenants for which extension is not otherwise provided in this instrument shall automatically be extended for successive periods of ten (10) years each unless an instrument signed by Owners representing 90% of the Allocated Interests shall have been recorded, agreeing to terminate the covenants as of a specified date. 24. Severability. Invalidation of any restriction set forth herein or any part thereof by any 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. 25. Construction of Instrument. This Bill of Assurance shall not be construed more strictly against a parry merely by virtue of the fact that it may have been prepared by counsel for a party. The headings of various Sections in this Bill of Assurance and all exhibits and attachments hereto are for convenience only, and are not to be utilized in construing the content or meaning of the substantive provisions hereof. Section and Exhibit references are to Sections 7 of and Exhibits to this Bill of Assurance unless otherwise specified. All references to instruments, documents, contracts and agreements are references to such instruments, documents, contracts and agreements as the same may be amended, supplemented and otherwise modified from time to time, unless otherwise specified. The words "hereof', "herein" and "hereunder" and words of similar import when used in this Bill of Assurance and its exhibits shall, unless otherwise specifically stated, refer to this instrument as a whole and not to any particular provision of this Bill of Assurance. Whenever required by the content of this Bill of Assurance, the singular shall include the plural and vice versa, and the masculine shall include the feminine and neuter genders, and vice versa. [SIGNATURES FOLLOW ON AUVIEDIATELY SUCCEEDING PAGE] M. Signature page to Bill of Assurance for Gateivay Town Center, Phase III EXECUTED as ofc_ 2015. TOWN CENTER, LLC an Arkansas Limited Liability Company By: Stagecoach Development Group, Inc., its Manager By: a,.� �r Ir Thomas L. Hodpe`sPrq6ident State of Arkansas ) )ss County of Pulaski ) On �( 2015 before me, a duly qualified and acting Notary Public, persona ly appeared Thomas L. Hodges, who acknowledged himself to be the President of Stagecoach Development Group, Inc., the Manager of Town Center, LLC, an Arkansas limited liability company, and that he, being authorized so to do, executed the foregoing instrument for the purposes and consideration therein contained, by signing the name of the Manager by himself as such officer. In witness whereof, I hereunto set my hand and official seal. Commission expires: `�r�'N�ada 0 pupl=- 0_ COON ,yt,l,,,%%,'xk` of Notary Public Re kwad crdy for indwion of minimum starAi-ds required Irl the City of little Rock sulxfnrision rem:latons. Bill ofAssurance provisions cst~b'-,Shod by the developer inay excaed minimum regulatiorz G! 1`a sulkvision and toning ordinances. 01 f.� t o Rock Mannina cxm mission LEGAL DEJSCRHMON OF GATEWAY TOWN CENTER, PHASE III [INSERT] PROPERTY DESCRIPTION AS SURVEYED PART OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 13 WEST, LITTLE ROCK, PULASKI COUNTY, ARKANSAS. COMMENCING AT A #4 REBAR MARKING THE SOUTHWEST CORNER OF LOT 7R, GATEWAY TOWN CENTER PHASE H THENCE NORTH 43'55'S1' WEST ALONG THE EASTERLY RIGHT OF WAY LINE OF BASS PRO PARKWAY FOR 192M' FEET TO THE POINT OF BEGINNINGJ THENCE ALONG A CURVE TO THE RIGHT VITH A RADIUS OF 25W FEET AND A CHORD WITH A BEARING AND DISTANCE OF NORTH 00.52'19' WEST 3414' FEET; THENCE NORTH 42'11`13' EAST 416.77' FEET] THENCE ALONG A CURVE TO THE LEFT WITH A RDIUS OF 330.00' AND A CHORD � WITH A BEARING AND DISTANCE OF NORTH ISW20' EAST 267.55' FEET THENCE NORTH 05'38'32' WEST 27L62' FEET) THENCE ALONG -A CURVE TO THE LEFT WITH A RDIUS OF 281LOW AND A CHORD WITH A BEARING AND DISTANCE OF NORTH 76'15'59' WEST 528aw FEET1 THENCE SOUTH 33'06'35' WEST 423.95' FEETJ THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS 13F 330.00' FEET AND A CHORD WITH A BEARING AND DISTANCE OF SOUTH 25.02'15' VEST 92.68' FEET) THENCE SOUTH 17'1053' WEST 190.35' FEET) THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS [IF 25.M FEET AND A CHORD WITH A BEARING OF SOUTH 55'16'43' WEST 30.85' FEET) THF„ NCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 516.12' FEET AND A CHORD WITH A BEARING OF' SOUTH SW44.03' EAST -105.93' FEET) THENCE ALDNG A CURVE TO THE RIGHT WITH A RADIUS OF 25.00' FEET AND A CHORD WITH A BEARING OF N TH 28'49'53' WEST 35,97' FEET) THENCE NORTH 17.10'53' EAST 175,28' FEET EINCE ALONG A CURVE TO THE RIG14T WITH A RDIUS OF 270,00' FEET AND A CHORD WITH A BEARING AND DISTANCE OF NORTH 2S'02'15' EAST 75.83' FEET THENCE NORTH 33.06'35' EAST Qa95' F'EETiTHENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 220,00' FEET AND A CHOFm WITH A BEARING OF NORTH 83'04'50' EAST 336.92' FEET) THENCE SOUTH 30'00'16' WEST 880.41' FEET THENCE ALONG A CURVE TO THE RIGHT WITH A RDIUS OF 516.12 FEET AND A CHORD WITH A BEARING AND DISTANCE OF SOUTH 49'30'26' EAST 20" FEET THENCE SOUTH 4355.51' EAST 312.04' FEET TO THE POINT 13F BEGUiNING CONTAINING 8.59 ACRES," MORE OR LESS. EXIT B LEGAL DESCRIPTION OF DECLARANT PARCEL PART OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS. DESCRIBED AS FOLLOWS: COMMENCING AT A #4 REBAR MARKING THE SOUTHWEST CORNER OF THE NW 1/4 SW 1/4; THENCE SOUTH 89°35'55" EAST ALONG THE SOUTH LINE OF SAID NW 1/4 SW 1/4 FOR 472.20 FEET TO THE POINT OF BEGINNING; THENCE NORTH 04019'37" EAST 787.23 FEET; THENCE NORTH 21005'07" EAST 1648.45 FEET; THENCE SOUTH 86010'01" EAST 460.51 FEET; THENCE SOUTH 19°59'07" EAST 667.96 FEET; THENCE EASTERLY ALONG SAID LINE 258.09 FEET ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 980.00 FEET SAID CURVE HAVING A CHORD DIRECTION OF NORTH 77003'53" EAST AND A CHORD LENGTH OF 257.35 FEET; THENCE NORTH 00044'05" WEST 212.71 FEET; THENCE NORTH 56021'05" EAST 256.06 FEET; THENCE NORTH 01 045'54" WEST 284.40 FEET; THENCE NORTH 43 049'20" EAST 210.24 FEET; THENCE SOUTH 87°31'38" EAST 476.06 FEET; THENCE NORTH 00°45'14" WEST 983.36 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF HIGHWAY; THENCE ALONG SAID WESTERLY RIGHT OF WAY THE FOLLOWING COURSES: SOUTH 25050'25" EAST 200.97 FEET; THENCE SOUTH 20°04'26" EAST 184.80 FEET; THENCE SOUTH 20004'26" EAST 1240.00 FEET; THENCE SOUTH 61031'33" WEST 119.21 FEET; THENCE SOUTH 29'18'02" WEST 256.48 FEET; THENCE SOUTH 05021'50" WEST 235.36 FEET; THENCE SOUTH 13°52'33" EAST 595.78 FEET; THENCE SOUTH 04022'45" WEST 186.58 FEET; THENCE SOUTH 24'19'51" WEST 183.69 FEET; THENCE SOUTH 37001'06" WEST 197.31 FtET; THENCE SOUTH 44016-28" WEST 77.63 FEET; THENCE SOUTH 43°46'47" WEST 1828.39 FEET TO THE INTERSECTION OF THE WEST RIGHT OF WAY OF I-30 AND THE NORTH RIGHT OF WAY OF OTTER CREEK ROAD -THENCE ALONG THE NORTH RIGHT OF WAY OF OTTER CREEK ROAD THE FOLLOWING COURSES: NORTH 77058'08" WEST 236.04 FEET; THENCE NORTH 58010'17" WEST 18.32 FEET; THENCE NORTH 82°44'03" WEST 68.81 FEET; THENCE NORTH 80017'26" WEST 145.12 FEET; THENCE WESTERLY ALONG SAID RIGHT OF WAY 334.44 FEET ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 505.00 FEET SAID CURVE HAVING A CHORD DIRECTION OF SOUTH 82032'55" WEST AND A CHORD LENGTH OF 328.37 FEET; THENCE NORTHERLY LEAVING SAID RIGHT OF WAY 97.44 FEET ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 448.00 FEET SAID CURVE HAVING A CHORD DIRECTION OF NORTH 02005'06" WEST AND A CHORD LENGTH OF 97.25 FEET; THENCE NORTH 04°08'46" EAST 307.61 FEET; THENCE NORTH 88042'19" WEST 27.19 FEET; THENCE NORTHERLY 269.26 FEET ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 955.00 FEET SAID CURVE HAVING A CHORD DIRECTION OF NORTH 00027'38" EAST AND A CHORD LENGTH OF 268.37 FEET; THENCE NORTH 07°37'00" WEST 31.88 FEET; THENCE NORTH 88°41'27" WEST 565.90 FEET; THENCE NORTH 04019'37" EAST 257.34 FEET TO THE POINT OF BEGINNING. CONTAINING 167.82 ACRES MORE OR LESS. CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: GATEWAY TOWN CENTER LOT 9 PHASE III 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. _ x Certain Improvements remain uncompleted and a punch list has been prepared and sent. Engineering Specialist Date: 07- =( ADDRESSING SPECIALIST REPORT I have reviewed the plat and find thaLthe street names an¢ street configuration are acceptable, / r .4 Y try "? Addressing Specialist Date: TRAWIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, striping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. street signs should be ordered and billed to developer. Work orders have been prepared for signage. Certain improvements remain uncompleted and a punch list has been prepared and sent. Approved engineering drawings for streetlight system have been received and approved. Applicant is responsible to furnish as -built drawings once streetlights have been installed. V_� Traffic Engineer Date: I �t CIVIL XE I NEER REPORT 1 haveiewed 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. As -built drainage plans in electronic form have been submitted. All other requirements for final plat approval have been satisfied. i Civil Engineer I/II Date: 2 / SURVEYOR REPORT I have reviewed the plat and find that: ? , All requirements for final plat approval have been satisfied. Surveyor MANAGER APPROVAL All Civil Engineering retlujrements for fling this final plat have been satisfi d. �= 7�'�` Date: Design Review Engineer/Civil Engineering Manager f aG ,/ $�__ Date: —r�s — Effective: Aug 26, 2015 RE: gateway ph 3 - Inbox - 'att.net Mail' Page 1 of 2 You're seeing Basic Mail because you're using an unsupported Internet browser. Upgrade your browser f Don't show this again. Search Mail Fseai Inbox Contacts Notepad Calendar Dg Oo Reply Reply All Forward Actions Appfy Previous Next Inbox (722) _i American Express Delta Reserve Credit Card Sponsored Earn Up To 40,000 Medallion Qualification Mi Drafts Sent Spam (2) Trash (18) My Folders Sponsored Answers Where Are They Now: The Cast of 'Sanford and Son' RE: gateway ph 3 Monday, Septe From: "Jason Lowder' <Jason.Lowder@carkw.com> [Empty] To: "MCGETRICK MCGETRICK" <mcgetrick2@sbcglobal.net> [Empty] [Edit] CAW Approved with no comments. Thank You Central Arkansas Water Jason Lowder, Engineering Technician j a so n.lowd a r[o)-ca rkw. c om 501-377-1245 -----Original Message ----- From: MCGETRICK MCGETRICK[mailto:mcgetrick2(a)-sbcplobal.netl Sent: Wednesday, September 16, 2015 8:38 AM To: Jason Lowder Subject: Re: gateway ph 3 Jason, Hope this one goes through. Pat On Wed, 9/16/15, Jason Lowder <Jason.Lowder(aDcarkw.com> wrote: Subject: TEST To: "m etrick2 sbc lobal.net' <mccaetrick2@sbcplobal.net> Date: Wednesday, September 16, 2015, 8:31 AM https://us-mg4.mail.yahoo.com/neo/b/message?sMid=O&pSize=25 &fid=Inbox&mid=2_0_... 9/21 /2015 RE: Pullbox - Inbox - 'att.net Mail' Page 1 of 2 Search Mail Seai LInbox Contacts Notepad Calendar DQI tWoEReply Reply All Forward Actions Apply Previous Next Inbox (723) M SimpliSafe Home What Happens When a Harvard Engineer Sponsored He designs a smarter home security system — Drafts RE: Pullbox Monday, Au Sent From: "CEARLEY MICHAEL D" <MCEARLE@entergy.com> Spam (40) [Empty] To: "MCGETRICK MCGETRICK" <mcgetrick2@sbcglobal.net> Trash (22) [Empty] Cc: "BREWSTER JAMES P" <JBREWST@entergy.com> My Folders [Edit] 1 Files 53KB Download All Sponsored DOC 53KB ESA - GROVE LOOP = i Save le P6 •r Ryan Homes Now Selling! Single -Family I have attached the agreement for the lights. Please execute and return wi Homes at Magness Mill lights and poles on order. The plat looks good. You have a typo on the 20 205. Do you have any street crossings from the loop conduit bank into the Thanks .... Mike -----Original Message ----- From: MCGETRICK MCGETRICK [mailto:mc etrick2 sbc lobal.net Sent: Tuesday, July 28, 2015 11:11 AM To: CEARLEY, MICHAEL D Subject: Re: Pullbox EXTERNAL SENDER. DO NOT click links if sender is unknown. DO NOT I password. Mike, have informed the contractor to make sure that the pull boxes will fit the e have the first one in next week. I have attached the street lighting plan for the loop road. Gregg with traffic I No light is over 250' feet apart.We need a cost so I can get you a check for I have also included the final plat for the next phase. All urilities are within t you have any questions please contact us. If the plat is ok I need approval letter forwarded to Donna James at the city Thanks, Pat https://us-mg4.mail.yahoo.com/neo/b/message?sMid=140&fid=Inbox&sort=date&order=d... 9/ 16/2015 RE: final plat Gateway Town Center III & replat lots 19r-21r Oakgrove - Inbox-'att.net ... Page 1 of 1 Search Mail Fseai Inbox I Contacts Notepad Calendar Compose Delete Reply Reply All Forward Actions Apply J Previ Inbox (723) SimpliSafe What Happens When a Harvard Engineer ( In Sponsored He designs a smarter home security system — Drafts RE: final plat Gateway Town Center III & replat I Wednesday, A Sent ots 19r-21 r Oakgrove Spam (40) [Empty] From: "Vincent Hotho" <Steven.Hotho@lrwu.com> Trash (22) [Empty] To: "MCGETRICK MCGETRICK" <mcgetrick2@sbcglobal.net> My Folders [Edit] Patrick, `Sponsored On Gateway, on the northwest side of the loop, just south and west of whe Loop" street label, you have a label that says, "205 ESMT". I assume this i r.'.]I`RICAM On B Street, where is this in the world? I don't see any intersecting street. ERE55 extra E in it. American Exore Thanks, Delta SkyMiles® Card Vince S. Vincent Hotho, P.E. Engineering Supervisor Little Rock Wastewater Utility Ofc: 501.688.1452 Mbl: 501.442.6042 -----Original Message ----- From: MCGETRICK MCGETRICK [mailto:mc etrick2 sbc lobal.net Sent: Tuesday, August 25, 2015 5:48 PM To: Vincent Hotho Cc: Joni Bates; JOSEPH E; lason.lowder(acark.com Subject: final plat Gateway Town Center III & replat lots 19r-21 r Oakgrove Here are the above referenced plats for your review. If they are ok please le Donna James with the city. The replat reduces 4 lots to 3 lots. No new construction. Pat Compose Delete Reply Reply All Forward Actions ®1 Previ https://us-mg4.mail.yahoo.com/neo/b/message?sMid=82&fid=Inbox&sort=date&order=do... 9/16/2015 FW: final plat Gateway Town Center III & replat lots 19r-21r Oakgrove - Inbox-'att.net ... Page 1 of 2 Search Mail Seal In� Contacts Notepad Calendar Compose Delete Reply Reply All Forward Actions Apply Previous Next Inbox (723) LifeLock LifeLock Identity Theft Protection: The Full t .=A Sponsored Comprehensive identity theft protection from Drafts FW: final plat Gateway Town Center III & replat I Wednesday, A Sent ots 19r-21 r Oakgrove Spam (40) [Empty] From: "Bates Joni B." <joni.bates@centerpointenergy.com> Trash (22) [Empty] To: "rodchandler43@aol.com" <rodchandler43@aol.com> "'djames@littlerock.org"' <djames@littlerock.org> My Folders [Edit] MCGETRICK MCGETRICK (mcgetrick2@sbcglobal.net) <mcgetrick2@sbcglobal.net> 5` Sponsored 4 vi LifeLock Why Do Millions Of Americans Trust LifeLock? 1 Files 51<13 Download All DAT 5KB winmail.da t Save See below -----Original Message ----- From: Townsend, Andrew W Sent: Wednesday, August 26, 2015 1:39 PM To: Bates, Joni B. Subject: RE: final plat Gateway Town Center III & replat lots 19r-21 r Oakgr Joni, Centerpoint Energy has no objection to the proposed replat of lots 19r-21 r, Little Rock, AR. Centerpoint Energy has no objection to the proposed replat of Gateway To Rock, AR. Thanks, - Andrew Townsend -----Original Message ----- From: Bates, Joni B. Sent: Wednesday, August 26, 2015 1:22 PM https://us-mg4.mail.yahoo.comineolblmessage?sMid=78&fid=Inbox&sort=date&order=do... 9/ 16/2015 ion 4 Qg3 �y 9� Qu $ p 2 vy'� Ag $ o = 3 N Rig it y F 8 .\ Qr Q 0-1 �+ ab �aI a a t3 m�a� ' z Vol on a b r ox z a a r 0 -3 z z� c