HomeMy WebLinkAboutS-1538-L ApplicationThis Instrument Prepared by:
Price C. Gardner
FRIDAY, ELDREDGE & CLARK, LLP
400 West Capitol Avenue, Suite 2000
Little Rock, Arkansas 72201
III IIIIIIIIIIlIlllIIIIIIIIIIIIIIllllIll 2016010900
PRESENTED: 02-24-2016 11:53:59 AM RECORDED: 02-24-201611:57:37AM
In Official Records of Larry Crane Circuit/County Clerk
PULASKI CO, AR FEE $80-00
BILL OF ASSURANCE
FOR GATEWAY TOWN CENTER PHASE 2 ADDITION
(LOT 8)
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THIS BILL OF ASSURANCE (this 'Bill of Assurance") is made as of the !_ day of
2016, by Gateway Otter, LLC, an Arkansas limited liability company (hereinafter
referred to as the "Grantor"). II
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RECITALS
WHEREAS, the Grantor has caused the lands described on Exhibit A-1 attached hereto (the
"Property") to be surveyed by McGeterick & McGeterick, and a proposed plat made thereof, identified by the
title "Gateway Town Center Phase 2 Addition, Little Rock, Arkansas." The proposed plat bears the signatures
and seals of Patrick McGeterick, Registered Professional Engineer, and Aaron Rasbury, Registered
Professional Land Surveyor (the "Preliminary Plat"), a copy of which is attached hereto as Exhibit A-2 and
made a part hereof.
WHEREAS, the Grantor is the Fee Owner of the Property and has preliminarily caused the Property to
be divided into a separately drawn lot designated on the Preliminary Plat as Lot 8 (the "Lot" or "Lot 8"), the
Lot to be more particularly described on the final plat filed with respect to the Lot or subdivision thereof (the
"Final Plat");
WHEREAS, the Property is part of Gateway Town Center, and is subject to those certain covenants
set forth in the following: (i) that certain Declaration of Covenants and Restrictive Covenants filed of record as
Instrument Number 2012062717 in the records of the Circuit Clerk of Pulaski County, Arkansas; (ii) that
certain Declaration of Covenants and Restrictive Covenants filed of record as Instrument Number 2013003775
in the records of the Circuit Clerk of Pulaski County, Arkansas; (iii) that certain Declaration of Covenants and
Restrictive Covenants filed of record as Instrument Number 2013003776 in the records ofthe Circuit Clerk of
Pulaski County, Arkansas; (iv) that certain Supplemental Declaration of Covenants and Restrictive Covenants
4940925.1
filed of as Instrument Number 2014007348 in the records of the Circuit Clerk of Pulaski County, Arkansas; (v)
that certain Declaration of Covenants and Restrictive Covenants filed of record as Instrument Number
2015058961 in the records of the Circuit Clerk of Pulaski County, Arkansas; and (vi) that certain Amendment
to Declaration of Covenants and Restrictions filed of record as Instrument Number 2015051433 in the records
of the Circuit Clerk of Pulaski County, Arkansas (collectively, the "Gateway Covenants");
WHEREAS, the Grantor desires to file this Bill of Assurance in addition to the Gateway Covenants to
further protect its interest and the interests of others which may in the future become Fee Owners of Lot 8.
Grantor and those future fee owners may be hereinafter collectively referred to as "Parties" or singularly as a
"Party"; and
WHEREAS, the Grantor hereby establishes, to the fullest extent permitted by law, certain covenants,
restrictions and charges (collectively, the "2016 Restrictions") as are hereinafter set forth, subject to which the
Lot shall be improved, held, exchanged, leased, sold and/or conveyed. Each of the 2016 Restrictions is
imposed upon the Lot as a mutual equitable servitude and they shall be and operate as covenants running with
the land for the benefit of the Property in each and every part and portion thereof.
NOW, THEREFORE, in consideration of the foregoing, and the covenants and agreements set forth
herein, the Grantor agrees as follows:
1. Incorporation of GateLALay Covenants. Grantor acknowledges and hereby ratifies that the
Property and development thereof are expressly subject to the covenants set forth in the following: (i) that
certain Declaration of Covenants and Restrictive Covenants filed of record as Instrument Number 2012062717
in the records of the Circuit Clerk of Pulaski County, Arkansas; (ii) that certain Declaration of Covenants and
Restrictive Covenants filed of record as Instrument Number 2013003775 in the records ofthe Circuit Clerk of
Pulaski County, Arkansas; (iii) that certain Declaration of Covenants and Restrictive Covenants filed of record
as Instrument Number 2013003776 in the records of the Circuit Clerk of Pulaski County, Arkansas; (iv) that
certain Supplemental Declaration of Covenants and Restrictive Covenants filed of as Instrument Number
2014007348 in the records of the Circuit Clerk of Pulaski County, Arkansas; (v) that certain Declaration of
Covenants and Restrictive Covenants filed of record as Instrument Number 2015058961 in the records of the
Circuit Clerk of Pulaski County, Arkansas; and (vi) that certain Amendment to Declaration of Covenants and
Restrictions filed of record as Instrument Number 2015051433 in the records of the Circuit Clerk of Pulaski
County, Arkansas (collectively, the "Gateway Covenants"). Grantor hereby incorporates the Gateway
Covenants into this Bill of Assurance and makes them a part hereof by reference as if set forth word for word
herein. To the extent that the terms and conditions of this Bill of Assurance conflict with or contradict the
terms of the Gateway Covenants and this restriction or covenant under this Bill of Assurance is less restrictive
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4940925.1
than the Gateway Covenants, then the Gateway Covenants shall be deemed controlling, but in all other cases
the terms of this Bill of Assurance shall be deemed to control. Any capitalized terms not otherwise defined in
this Bill of Assurance shall have the definition and meaning ascribed thereto under the Gateway Covenants.
2. Design and Construction of Buildings. In addition to the restrictions and approvals required
under the Gateway Covenants, the following additional restrictions and covenants shall apply to the Property:
(a) Grantor must approve all initial construction on any Lot, including architectural theme,
design, color, access and parking prior to submission to the Architectural Review Committee (the "ARC") and
as defined in the Gateway Covenants and Grantor shall review in accordance with the timelines set forth in the
Gateway Covenants defined for the ARC's review and comment.
(b) Roofs on all single story structures shall be metal and consistent in color an appearance to
the building. Roofs on buildings that are more than one story shall be constructed materials typically used in
the construction of upscale multi -story office and commercial and retail buildings located in Little Rock,
Arkansas. No asphalt, wood or other shingles shall be used on the roof of any building located on any Lot
covered by this Bill of Assurance. If following initial construction of buildings on any Lot, the existing
exterior of any then existing building is substantially remodeled or there is a rebuilding following a casualty,
then unless the remodeling or reconstruction is substantially similar to the prior existing exteriors, the
architectural theme, design, color, materials, such remodeling or rebuilding shall be subject to the approvals
required under this Paragraph 2.
(c) Once initiated, all building construction must be diligently prosecuted to completion.
(d) Any rooftop equipment shall be appropriately screened.
(e) All exterior dumpster or trash disposal locations shall be completely encased with a fence
or other solid wall constructed of materials used in the construction of the Fee Owner's building and similar in
style and appearance and gated such that such dumpsters or trash containers are not visible from the other
property adjacent to any Lot.
(f) Fencing shall only be permitted in accordance with the terms of the Gateway Covenants;
provided, however, no wood fencing shall be permitted and brick, block or split face block fencing shall be
permitted consistent with the appearance of the buildings and improvements on any Lot.
(g) No free standing satellite dishes or antennaes not attached to the building on the Lot shall
be permitted and any such satellite dishes or antennaes located on the roof or attached to any building shall not
be visible from the front of such building.
(h) All above ground irrigation equipment, including RPZ Valves, shall be covered and
enclosed from view.
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(f) In the event the improvements on any Lot are destroyed or damaged by fire or other
casualty, the Owner shall proceed with due diligence to repair and rebuild such improvements in a timely
manner. In the event such Owner elects not to rebuild on the Lot within forty-five (45) days of such damage,
then such any Lot shall be cleared of all debris, including the former foundation of any building constructed
thereon, and all non paved areas shall be covered with sod or other landscaping materials consistent with the
appearance of any other unimproved lots located within the Property, if any. The foregoing notwithstanding,
the Owner shall restore all paved areas on the Lot required to provide the cross access described in this Bill of
Assurance.
3. Street Trees.
(a) As part of the improvements on its Lot, those owners subject to the Gateway
Covenants (the "Owners") shall plant and install Painted Bark Elm (Nmus Parifolia (Frontier) trees, or other
similar trees as may be approved by Declarant under the Gateway Covenants, as set forth in this paragraph
(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 Declaranfs 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 Property 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.
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(c) On or after ten (10) years from the recording ofthis 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.
4. Use. The types of uses permitted on the Property shall be of a general office, retail,
educational and/or commercial nature found in office, retail, educational and commercial developments in
Little Rock, Arkansas, consistent with the zoning covering the Lot and not otherwise prohibited in the Gateway
Covenants or herein below; provided, nothing contained herein shall be construed to require any Owner to
open or operate any form of business in the Property for any period of time or at all, but it may operate any
form of business not prohibited herein or by law or otherwise.
5. Compliance with Governmental Restrictions. The construction of any buildings or
improvements on any Lot shall comply with and be subject to all building codes, zoning ordinances and
restrictions imposed by the City of Little Rock, Arkansas Highway and Transportation Department,
Environmental Protection Agency, U.S. Army Corps of Engineers, Arkansas Department of Environmental
Quality, Arkansas Department of Health and any other federal, state, county or local authority and any
restrictions having jurisdiction over the Property.
6. Land�sea ling. In addition to the obligations under Paragraph 3 above with respect to the Street
Trees, Owner will be responsible for the design, development and maintenance ofthe landscape on the Lot and
continuous planting areas within the various rights of way and easement areas affecting the Lot. Dead or
extensively damaged trees, ground cover or shrubs shall be replaced within thirty (30) days after damage with
substantially identical trees, ground cover, or shrubs, etc., subject to deferral of replacement based upon
seasonal conditions. Owner shall be responsible for mowing and maintaining the right of way area on the Lot
in a manner consistent with such Owner's overall maintenance and mowing of remaining landscaping on the
Lot.
7. Drainage, Utility and Service Easements. Grantor grants and subjects the Property to and
grants for the benefit of the Lot, perpetual, nonexclusive easements within the Utility Easement Areas as
shown on the Final Plat for the installation, operation, flow, passage, use, maintenance, connection, repair,
relocation, and removal of underground lines or systems for utilities serving any or all of the other Lots,
including but not limited to, sanitary sewers, stormwater drains, cable TV, water (fire and domestic), irrigation,
gas, electrical, telephone and communication lines, together with the right of ingress and egress for installation,
maintenance and repair thereof necessary for the orderly development and operation ofthe property and the Lot
in accordance with the general requirements of the Final Plat. No easement shall be deemed granted under any
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Building Area shown on the Final Plat or under any Building actually constructed.
All construction, alteration, and repair work to any utility described in this Paragraph 7 shall be
accomplished in an expeditious manner, in compliance with all laws, rules, regulations, orders, permits,
approvals and licenses of governmental authorities having jurisdiction. Such construction of any utilities by
Grantor or any Owner shall be subject to the construction standards required to cause acceptance thereof by the
City of Little Rock, Arkansas Department of Health or utility service, as the case may be. The Owner
undertaking such work shall take all reasonably necessary measures to minimize any disruption or
inconvenience caused by such work and, except in the case of an emergency, shall give the affected Owners
and tenants written notice a minimum of seventy-two (72) hours prior to commencing such work. Such work
shall be accomplished in such a manner as to minimize any damage or adverse effect which might be caused by
such work to the Lot on which the work is being done. If such work requires excavation of any portion of any
road, the Owner causing such work to be done shall use all reasonable efforts to cause such excavation to
commence and be completed during hours when the business places in the Property are not open for business
to the public and, in any event, shall provide suitable alternative ingress and egress immediately adjacent to
said road if it is not practical to keep at least one lane of said road open during the work. Any excavation of
any access roadway within the Property shall be properly backfilled within twenty-four (24) hours, if
reasonably practical. The Owner undertaking such work shall repair at its own cost and expense any and all
damage caused by such work and, upon completion of such work, shall promptly restore the affected portion of
the Property or the Lot upon which such work is performed to a condition which is equal to or better than the
condition which existed prior to the beginning of such work. In addition, the Owner undertaking such work
shall promptly pay all costs and expenses associated therewith and shall defend, indemnify and hold the other
Owners harmless from all liens, claims of lien, injuries, damages, losses, or claims, including reasonable
attorney's fees actually incurred at trial and appellate levels, attributable to the performance or non-
performance of such work. No Owner shall undertake construction activity on another Owner's Lot or the
Property not owned by such Owner without the prior consent of such Owner.
8. Water Flow and Sanitary Sewer.
(a) Flow of Water. Grantor hereby reserves, grants, conveys, establishes and declares for
the benefit of the Lot, a permanent, non-exclusive easement on, over, upon, across, under and through any
portion of the Lot for the benefit of the other Lots, as reasonably necessary for surface water run-off and,
within any portion of the Lot which is not a Building Area, for the construction, installation, use, maintenance
and repair of any underground drainage system to receive surface water from the benefited Lot and conduct
such water over or under the Lot as necessary to a discharge area. The Owner of the Lot shall determine in its
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sole, but reasonable, discretion the most effective location for drainage purposes for the placement of any and
all components of such underground drainage system to be located on its Lot (the "Drainage Plan") and shall
submit the Drainage Plan to the Grantor for review and approval. Following approval, each Owner hereby
agrees to the location for such improvements as shown on the approved Drainage Plan and once any drainage
line or lines have been installed on any Lot or otherwise, the portion of the applicable Lot encumbered by such
easement granted in this paragraph shall be limited to the area within ten (10) feet on either side of the center
line of such drainage line. Notwithstanding anything contained herein to the contrary, in no event shall any
owner of a Lot be permitted to change the natural flow of the surface water run-off from the Lot in any manner
which increases the concentration of such surface water run-off onto an adjoining Lot.
(b) Storm Water System. Owner will construct on the Lot and shall thereafter maintain at
such Owner's sole cost and expense, the improvements necessary to control the storm water run-off from such
property and to transport the same under or across the Property to storm water sewer shown on the Site Plan
and in accordance with the Drainage Plan.
9. Reciprocal Access Easements. The Grantor does hereby dedicate, create, establish and declare
a private, perpetual, non-exclusive easement over, through, upon and across the paved areas ofthe Lot to serve
as a means of vehicular access and way of ingress and egress for the use and benefit of the present Owner and
future Owner(s) of the property immediately adjacent to the Lot within the areas designated on the Plat as "15'
Access Easement" (the "Adjacent Property"), their tenants and their respective employees, contractors,
mortgagees, customers, sub -tenants, licensees and invitees, in the full use and enjoyment ofthe Property on the
following terms and conditions:
(a) Grant of Access, Ingress and Egress Easement. Grantor does hereby dedicate, create,
establish, and declare a private, perpetual, non-exclusive access, ingress and egress easement over, through,
upon and across the paved portion of the Lot that is not specifically designated and stripped as a parking space
or no parking area (the "Access Drive Areas") necessary to provide and serve as a means of vehicular access
and way of ingress and egress to and from Bass Pro Parkway and/or Gateway Grove Loop for the use and
benefit of the present Owner and future Owner(s) of the Lot and Adjacent Property, their tenants and their
respective employees, contractors, mortgagees, customers, tenants, licensees and invitees, in the full use and
enjoyment ofthe Lots and Property. The Access Drive Areas on the Lot may also be specifically designated on
the Final Plat of the Lot.
(b) Construction of Access Drives. The Access Drives, site improvements for such access
driveways, drainage, sewer, curbs and guttering, sidewalks, turn -in and access lanes shall be constructed in
accordance with the standards established by the Grantor and sufficient to meet the standards acceptable to the
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City of Little Rock, Arkansas. Grantor shall have no obligation for the costs of any Access Drives other than
except as set forth herein and all such Access Drives necessary to provide access to a Lot shall be paid for by
the Owner of the Lot.
(c) Maintenance of Access Drive Area. The Access Drive Areas shall be maintained by
the Owners of the Lots and Property in good condition and repair at their sole cost and expense.
(d) No Public Rights Created. Nothing herein shall create or be construed to create any
rights in and/or for the benefit of the general public in or to the easement areas.
(e) No Cross Parking. No invitees, employees or agents of an owner or any tenant of the
Adjacent Property shall have any right to park on the Lot, except where the parties have made a separate
agreement.
10. Obligation for Assessments: Membership in Association.
(a) By acceptance of a deed or other conveyance of property covered by this Bill of Assurance,
Owner shall be deemed to (i) acknowledge that such Lot is subject to the Gateway Covenants, and (ii) subject
to subsection (b) below, covenants and agrees to pay any assessments, charges and/or special assessments
which may hereinafter be levied by the Association as permitted or limited by the Gateway Covenants. All
Owners of Lots within the property covered by the Gateway Covenants will be members of Gateway Town
Center Property Owners Association, Inc. as provided for in the Gateway Covenants.
(b) No Owner of a Lot within the Property shall be liable for any General Assessment (as defined
in the Gateway Covenants) (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 Gateway Covenants. In no
event shall Owners of Lots within the Property covered by the Gateway Covenants 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
covered by the Gateway Covenants for any General Assessment levied against such Owner's Lot in excess of
the amounts set forth above in this subsection.
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11. Enforcement of Obligations. In the event legal proceedings are brought or commenced to
enforce any of the terms of this Bill of Assurance against any owner or other person with an interest in the Lot,
the successful party in such action shall be entitled to receive and shall receive from the defaulting owner any
and all damages permitted by law, plus a reasonable sum as attorneys, fees and costs, to be fixed by the court in
the same action. Grantor, for so long as Grantor owns any portion of the Property covered by the Gateway
Covenants, and thereafter a majority of the owners of the other lots reflected on the Final Plat, as may be
hereafter amended or modified (with such majority in interest being determined based on the respective square
footage of such lots) shall have the right to commence any action to enforce the obligations of the Fee Owner
under this Bill of Assurance.
12. No re -Plat, Subdivision or Re -Zoning of Lot Permitted. Grantor reserves the right to final
plat, re -plat, and/or subdivide all or any portion of any Lot so long as Grantor is the Fee Owner of the Lot.
Following initial acquisition of a Lot from the Grantor, no Fee Owner of the Lot shall be permitted to re -plat,
subdivide or re -zone any portion of the Lot during the term this Bill of Assurance is in effect without the
without written consent of the Grantor for so long as the Grantor owns an interest in the Property covered by
the Gateway Covenants.
13. Modifications. All negotiations and oral agreements acceptable to the Grantor have been
incorporated herein. Except as otherwise provided herein, this Bill of Assurance may not be modified in any
respect whatsoever or rescinded, in whole or in part, except in writing executed by the Grantor, for so long as
the Grantor owns an interest in any of the Property covered by the Gateway Covenants and then thereafter by a
Majority in Interest of the Owners of the Adjacent Property, based upon the respective square footage of the
Lot and the Adjacent Property compared to the total square footage of the Property.
14. Duration. Unless otherwise canceled or terminated, all ofthe easements granted in this Bill of
Assurance shall continue in perpetuity and all other rights and obligations hereof shall automatically and be of
no further force and effect ninety-nine (99) years after the date of filing hereof
15. Delegation of Authority. Grantor acknowledges and agrees that Declarant shall have the right,
but not the obligation, by a written instrument recorded in the office of the Circuit Clerk 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 the Gateway Covenants.
16. Miscellaneous.
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(a) Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or
dedication of any portion of any Lot to the general public or for any public purposes whatsoever, it being the
intention of the Owners that this Bill of Assurance shall be strictly limited to and for the purposes herein
expressed.
(b) Severability. If any term or provision of this Bill of Assurance or the application of it
to any person or circumstance shall to any extent be invalid and unenforceable, the remainder of this Bill of
Assurance or the application of such term or provision to persons or circumstances other than those as to which
it is invalid or unenforceable shall not be affected thereby, and each term and provision of this Bill of
Assurance shall be valid and shall be enforced to the extent permitted by law.
(c) Governing Law. This Bill of Assurance shall be construed and enforced in
accordance with, and governed by, the law of the State of Arkansas.
(d) No Presumption. This Bill of Assurance shall be interpreted and construed only by
the contents hereof and there shall be no presumption or standard of construction in favor of or against any
Owner.
(e) Inurement and Binding, Effect. This Bill of Assurance and the easements, covenants,
benefits and obligations created hereby shall inure to the benefit and be binding upon Grantor and each
subsequent owner of Lot 8, and their respective successors and assigns
(f) Other Agreements. Nothing herein shall restrict an owner from imposing upon any
tenant of any Lot more restrictions and/or higher standards than set forth herein.
(g) Subdivision and Zoning Ordinances. Notwithstanding any provision hereof to the
contrary, any lawful restrictions imposed by the City of Little Rock, Arkansas, which is more restrictive on use
than the provisions hereof shall be applicable and shall supersede the provisions hereof.
(h) Entire Agreement. This Bill of Assurance and the Gateway Covenants constitute the
entire agreement regarding this subject matter between the Parties hereto. The Parties do not rely on any
statement, promise or representation not herein expressed, and this Bill of Assurance, once executed, delivered
and filed, shall not be modified or altered in any respect except as provided herein.
(i) No Third Party Beneficiaries. No party, otherthan the Owners and Grantor shall have
any rights or benefits of this Bill of Assurance.
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IN WITNESS WHEREOF, this Bill of Assurance has been executed as ofthe date first above written.
Re'i;o� cAy for indwicon of ., irimum s'artdards
require--;, . ttTa Cit/ of Little Rock su��d��isic ; : ^m 1!a"ons.
Bill cf pssvance Frcvisi :mes a :.!;�� —'I-
develop i may exccae-d minima„. rzr jc' i OT Lha
Flak subdivision and zoning a;dirances.
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4940925.1
GRANTOR:
GATEWAY OTTER, LLC
By: Gateway Manager, LLC
Its Manager
By:
saac Smit , Mana er
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF PULASKI )
On this day, before me, a Notary Public, duly commissioned, qualified and acting, within and for said
County and State, appeared in person the within named Isaac Smith, to me personally well known, who stated
that he was the Manager of Gateway Manager, LLC, an Arkansas limited liability company and the duly
authorized manager of GATEWAY OTTER, LLC, an Arkansas limited liability company, and that he was
duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said
limited liability company, 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 ve hereunto set my hand and official seal this day of
2016.
. '''tg366q Oy
o
" 01AR r
`.s Notary Public
My Commission Expires: PU811G
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4940925.1
Exhibit A-1
Legal Description of Lot 8
PROPERTY DESCRIPTION
PART OF THE SOUTHEAST QUARTER, ALL IN SECTION 4, TOWNSHIP 1 SOUTH, RANGE 13 WEST,
Pl1LASKI COUNTY, ARKANSAS DESCRIBED AS FOLLOWS
BEGINNING AT A #4 REBAR MARKING THE NORTHWEST CORNER OF LOT 7R, GATEWAY TOWN CENTER PHASE II
THENCE SOUTH 46'04'09' WEST 320.66 FEET1 THENCE NORTH 43.55'51' WEST 192.23 FEET]
TO A CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING AND DISTANCE OF
NORTH 00.5t'19' WEST 34.14 FEET) THENCE NORTH 42.11'13' EAST 298.04 FEET] THENCE SOUTH 43*55151' EAST
237.36 FEET TO THE POINT OF BEGINNING, CONTAINING 1.66 ACRES MORE OR LESS
13
4906573.3
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CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME: GATEWAY TOWN CENTER LOT 8 PHASE II
INSPECTOR REPORT
1 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 REPORT
I have review9d the plat and find that the street names and street configuration are acceptable.
Addressing Specialist Date:
TRAFFIC ENGINEER REPO
9
1 have reviewed the plat and find that:
f� All streetlight installation, striping, signage and other traffic improvemen.s 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.
Traffic Engineer
CIVIII ENGINEER REPORT
Date: ;? { j � A 0
I have reviewed 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.
_ _ �� Civil Engineer 1/II Date:
SURVEYOR REPORT
I have reviewed the plat and find that:
requirements for final plat approval have been satisfied.
Surveyor
Y
MANAGER APPROVAL
All givil Engineering requirements ror riling this final plat have been sati fled. f
Date: iL !
Design Review Engineer/Civil Engineering Manager
Effective: February 18, 2016
Date: 0_/9 % 4