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HomeMy WebLinkAboutS-1538-R Application7D COO L4 ua ry •8p � z � •sa.rs,or s `r y M! In m .-1 /j Qi I Li II ~ T� nn s N, u r. 3 .L9 ,89.10 N dw f# I R G IjjiN � !s F aZw ZI �m� yid p 3 Vag WO, px� z 5 Z AJ 0 Instrument# 2017066942 Page 1 of 10 lllllllllllil�lllllllll III III I III III 2017066942 PRESENTED: 10-17-2017 02:58:25 PM RECORDED: 10.17-2017 03:02:44 PM In Official Records of Larry Crane Circuit/County Clerk PULASKI CO, AR FEE $60.00 This instrument pr, p-,d by: Price C. Gardner FRMAY, ELDREOOE & CFARit, LLP 400 West Capitol Avenue, Suite 2000 Little Rock, Arkansas 72201 BILL OF ASSURANCE FOR GATEWAY TOWN CENTER PHASE 5 ADDITION (LOT 15) KNOW ALL PERSONS BY THESE PRESENTS: THAT, GATEWAY OTTER, LLC, an Arkansas limited liability company (hereinafter called the "Declaran '), is the owner of that certain real property located in Pulaski County, Arkansas and being more particularly described and shown on Exhibit G°A" attached hereto and incorporated herein by this reference (the "Pro 1pff W'): NOW THEREFORE, Declarant, for and in consideration'of the benefits to accrue to it, its successors and assigns, which benefits Declarant acknowledges to be of value, has caused to be made a final plat, showing a survey made by McGeterick & McGeterick, and bearing the signatures and seals of Patrick McGeterick, Registered Professional Engineer, and Aaron Rasbury, Registered Professional Land Surveyor dated October 12, 2017 (the "Plat"), and bearing a Certificate of Approval executed by the appropriate officials of the City of Little Rock, Pulaski County, Arkansas (the "C") and showing the boundaries and dimensions of the Property now being platted into one lot to be forever known as "Lot 15, Gateway Town Center Phase 5 Addition, Little Rock, Pulaski County, Arkansas" (the "Lot"); WHEREAS, the Lot 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 2014007348 in the records of the Circuit Clerk of Pulaski. County, Arkansas; and (iv) that certain Declaration of Covenants and Restrictive Covenants for Phase 4-Gateway Town Center filed of record as Instrument Number 2016052543, on August 23, 2016, in the records of the Circuit Clerk of Pulaski County, Arkansas (collectively, the "Gateway Covenants"). WHEREAS, the Property will be developed in a manner consistent with the existing restrictions and the requirements of the City and the Gateway Covenants; WHEREAS, the Declarant 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 15, Declarant and those future fee owners may be hereinafter collectively referred to as "Parties" or singularly as a "Party"; and WHEREAS, the Declarant hereby establishes, to the fullest extent permitted by law, certain covenants, restrictions and charges (collectively, the "2017 Restrictions") as are hereinafter set forth, subject to which all of the Property and every portion thereof, shall be improved, held, exchanged, leased, sold and/or conveyed. Each of the 2017 Restrictions is imposed upon the Lot as a mutual equitable servitude in favor of the other Lots and every part thereof. Each of the 2017 Restrictions shall create reciprocal rights and obligations among each of the owners; they shall further create a private contract and estate between current and future 5970729.v1 Instrument# 2017066942 Page 2 of 10 owners of the Lot and their heirs, successors, and assigns; 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 Declarant agrees as follows: 1. Incomoration of Gateway Covenants. Declarant 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 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 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; (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; and (vii) that certain Declaration of Covenants and Restrictive Covenants for Phase 4-Gateway Town Center filed of record as Instrument Number 2016052543, on August 23, 2016, in the records of the Circuit Clerk of Pulaski County, Arkansas (collectively, the "Gateway Covenants"). Declarant 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 terns of the Gateway Covenants and this restriction or covenant under this Bill of Assurance is less restrictive 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) Declarant 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 Declarant 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 constriction 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. completion. (c) Once initiated, all building construction must be diligently prosecuted to (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 5970729M Instrument# 2017066942 Page 3 of 10 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, treated wood, 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. (i) 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. 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 (Ulmus 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 eight (8) to twelve (12) feet tall at time of planting, and shall be planted generally on thirty foot (30') 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 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. (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. 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 5970729M Instrument# 2017066942 Page 4 of 10 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. Landscaping. 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 of the 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. 13r mage. Mility and Service Easements. Declarant 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 of the property and the Lot in accordance with the general requirements of the Final Plat. No easement shall be deemed granted under any 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 Declarant 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. 5970729M Instrument# 2017066942 Page 5 of 10 8. Water Flow and Sanitary Sewer. (a) Flow of Water. Declarant 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 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 Declarant 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. Access Easement and Parking. (a) Access to Common Areas and Pylon Siggage. Declarant does hereby reserve, 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 the common areas located adjacent to the Lot and any pylon signage or other common signage located with said common area for the use and benefit of the Declarant, the present Owner and future Owner(s) of the Lot and the Gateway Town Center Property Owners Association, Inc., their tenants and their respective employees, contractors, mortgagees, customers, tenants, Iicensees and invitees, to install, maintain, repair and replace such common area and any signage located therein. (b) 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. (c) 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: Membcrshig in Association. 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. 11. Enforcement of Obli tea ions. 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 5970729M Instrument# 2017066942 Page 6 of 10 reasonable sum as attorneys, fees and costs, to be fixed by the court in the same action. Declarant, for so long as Declarant 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, SuJ,division or Re -honing qf_ Lot Permitted. Declarant reserves the right to final plat, re -plat, and/or subdivide all or any portion of any Lot so long as Declarant is the Fee Owner of the Lot. Following initial acquisition of a Lot from the Declarant, 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 Declarant for so long as the Declarant owns an interest in the Property covered by the Gateway Covenants. 13. Modifications. All negotiations and oral agreements acceptable to the Declarant 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 Declarant, for so long as the Declarant 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 of the 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. Declarant 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. (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) fpuLgmept and Bindi ect. This Bill of Assurance and the easements, covenants, benefits and obligations created hereby shall inure to the benefit and be binding upon Declarant and each subsequent owner of Lot 15, 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. 5970729.v1 Instrument# 2017066942 Page 7 of 10 (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, other than the Owners and Declarant shall have any rights or benefits of this Bill of Assurance. 5970729M Instrument# 2017066942 Pacte 8 of 10 (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 PM Beneficiaries. No party, other than the Owners and Declarant shall have any rights or benefits of this Bill of Assurance. %-mi;ad c niy for irdusion of minimum .r id3 requlrvJ t y 6`ta City of l.it'de Rodk stizdivisier, rigs=r5or . BNI of ksuranwe provisions os�::hod b IJ &:veicper may exceed minimum rs ulakrr of tha tit fs subdivision and zoning'I 16 1 I ) City n m' Rock Planning Ccm missian Instrument# 2017066942 Page 9 of 10 IN WITNESS WHEREOF, this Bill of Assurance has been executed as of this k�--"day of October, 2017. OWNER: GATEWAY OTTER, LLC\ BY: Gateway Manager, LLC ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) On this the �--�day of October, 2017, before me, the undersigned officer, personally appeared Isaac Smith, who stated he was the duly acting and qualified 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, I have hereunto set my hand and official seal. I 6d. NOTAR PUBLIC My commission expires: ti D OD0''••,���f • COMM. EkA'°'y 114.2022 *:No. 12390393. PULASKi ' �,�q• COUNTY h� Instrument# 2017066942 Page 10 of 10 EXHIBIT "A" DESCRIPTION OF PROPERTY TO BE PLATTED AND DESCRIBED AS: Lot 15, Phase 5, Gateway Town Center Addition to the City of Little Rock, Pulaski County, Arkansas PREPERTY 1 SEMPTIalf,, AS 'SURVEYED THAT PART OF LOT 1 -AND THAT PART QF LOT 4, OF SECTION 4, TOWNSHIP '1 .5`DUTH_� RAUBE 1-3 WEST, PULASKI COUNTY'o ARKANS'ASo OESCMBED AS FOLLMOD 'C.OMMENCING AT THE 'NORTHWEST CORNER OF LOT 8, GATEVAY TOWN CENTER, PHASE Z,: SAID P'OI1IT ALSO BEING ON THE EAST RIGHT OF WAY LME OF GATEWAY GROVE LOOR'J, THENCE CONTINUING ALONG S► JD MIGHT OF WAY' LINE THE FOLLOWING COURSESi 'NORTH 48`11'13' EAST 118.74 FEET) THENCE ALONG A CURVE WITH AN, ARC LENGTH OF 275.48 FEET, OONCAV-..E WESTERLY 'WITH A RADIUS ❑F 330.001 FEET, WITH A CHORD, BEARING OF 'NORTH 18*1WP.0'' EAST, WITH A CHORD LENGTH OF 267.55: FEET) THENCE NORTH 05'38"3U WEST IB8100 FEET TO THE POINT OF BEGIINNING) THENCE CONTIINUINVG ALONG SAID RIGHT OF WAY THE FOLLOWIING COURSESi NORTH 05*30'38a 'VEST 83.64 FEET) THENCE ALONG A CURVE WITH AN ARC LENGTH OF 585, v'9; FEET, CONCAVE SOLITHVESTERLY WITH A RADIUS OF ESUO FEET, WITH A CHORD BEARING OF NORTH 65t34''31" WEST, WITH A CHORD LENGTH OF 484.65 FEET) THENCE NORTH 11*58557" EAST LEAVING SAND RIGHT OF WKY LINE 43160 FEET,) THENCE SOUTH Sr- 30"15" EAST 585.44 FEET) THENCE SOUTH 03'01'58' EAST 75.19 FEET T1 •A POINT OIL_ THE WEST RIS14T OF '' AY LIFE OF IN,TERSTATE :30 AS ESTABLISHES BY AHTD ,AB 0613321, THENCE ALONG SAILS VEST RIGHT OF WAY LIME OF ONTERSTATE 30 THE F13LLEIVENG LOUR=,THENCE SOUTH 18' 9'36' 'VEST 217.08 FEET) THENCE SOUTH 10* 4125" 'VEST 15632 FEET) THENCE SOUTH 11*34128" WEST 85Ek18 FEET] THENCE SOUTH R442i'9 ' WEST LEAVING SAID WEST RIGHT OF 'WAY LIME 4.5i FEET TO THE POINT OF BEGINNING, CONTAINING 5.50 ACRES, MORE OR LESS. a r AwN x, z v a r*t aw tjLS .� y � D btl AV A —3 L7 O i c N a 3 o cn a c� r C, aa� x � �� s se CA J m imcr norwc-inn � - m D an�yi���mAmNn�m�y m C1 mmmio zx -o N=my;^�"=mom=4n h- x mcm4mu-np <g�c���ne: e N n 9 0 �- CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: GATEWAY TOWN CENTER LOT 15 PHASE 5 I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certain Improvements remain uncompleted and a punch list has been prepared and sent. Engineering Specialist Date: ADDRESSING SPECIALIST REPORT I have reviewed the plat and find that the street names and street configuration are acceptable. Addressing Specialist TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: Date: All streetlight installation, 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. Traffic Engineer Date: CIVIL ENGINEER REPORT 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 I/11 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 requirements for filing this final plat have been satisf ie V. ��, �` Date: I � Design Review Engineer/Civil Engineering Manager Effective: Sept 27, 2017 Nate: Date:*r,--> �z z d W v n H d+'q d d co p mad z C\2 mow Fa a [-'I F d a v�'rw u� aso J N g R lt2Zoy � IN <w• Za void 3a� 3toirc W� Itoi wi - wwrc 'zw FF � ima x$ p = in V w VIA ro u �x L U V op C ml%X Q2= U W N- oV O x F= o� iir ~FWDwl 4 �1=w =msa w J Q Ld J