HomeMy WebLinkAboutS-1599-C Application2010072370 Received: 11/18/2010 8:28:27 ANI
,Recorded: 11/18/2010 08:36:16 A!NI Filed &
Recorded in Official Records of PAT O'BRIEN,
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees 330.00
This Instrument Prepared B
Michael B. Childers
Friday, Eldredge & Clark, LLP
400 W. Capitol, Suite 2000
Little Rock, AR 72201
BILL OF ASSURANCE
(Lots 4B-R & 4C-R)J.
r r=
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, SHACKLEFORD CROSSINGS, LLC, an Arkansas limited
liability company ("Grantor") is the owner of the following described lands lying in the
City of Little Rock, County of Pulaski, State of Arkansas (the "Property"), to wit:
Lots 4B and 4C, Shackleford Crossings Addition, City of Little Rock,
Pulaski County Arkansas as filed for record as Instrument No.
2008048626.
WHEREAS, on July 16, 2008, Grantor recorded that certain FINAL PLAT OF
LOTS C, 4A, 4B, 4C, 5A, 5B, 7A, 7B, 8, Tract A & Tract B, SHACKLEFORD
CROSSINGS ADDITION TO THE CITY OF LITTLE ROCK as Instrument No.
2008048626 in the real estate records of Pulaski County, Arkansas, as amended on
May 20, 2009 by the amended plat recorded as Instrument No. 2009033413 (the
"Original Plat"), and contemporaneously therewith recorded that certain Bill of
Assurance as Instrument No. 2008048625, as amended on May 20, 2009 by the
Amended and Restated Bill of Assurance recorded as Instrument No. 2009033412 (the
"Original BOA");
WHEREAS, Grantor desires to amend the Original BOA and the Original Plat to
the extent the same affect the Property (but not any other land subject thereto), and
further desires to replace the Original BOA and Original Plat to the extent the same
affect the Property (but not any other land subject thereto) by recording this Bill of
Assurance and the Plat (as hereafter defined); and
Plat.
WHEREAS, Grantor desires that the Property be subdivided as set forth on the
NOW, THEREFORE, WITNESSETH:
THAT Grantor has caused the Property to be surveyed by Todd A. Shettles,
P.L.S. No. 1527, a Professional Land Surveyor, and a plat thereof made which is
identified by the title FINAL PLAT OF LOTS 4113-R & 4C-R, SHACKLEFORD
CROSSINGS ADDITION dated August 2, 2010, as revised, and by the signature of the
Circuit Clerk and ex officio Recorder of Pulaski County, Arkansas, in Plat No.
1
gc) �oG-�aa5 i (the "Plat") and Grantor does hereby make this Bill of
Assurance.
AND, Grantor hereby certifies that it has laid off, platted and subdivided, and
does hereby lay off, plat and subdivide said Property in accordance with said Plat. The
Property embraced in said Plat shall be forever known as:
LOTS 4113-R AND 4C-R, SHACKLEFORD CROSSINGS ADDITION TO THE CITY OF
LITTLE ROCK
Grantor hereby dedicates to the public forever an easement of way on and over
that part of Shackleford Road right of way as shown on the Plat, and no other, to be
used as a public street. Those certain utility easements shown on the Plat are reserved
in favor of the respective public utility companies. Those certain drainage easements
shown on the Plat are reserved in favor of the owners and users of the land subject to
the Plat.
Hereafter, conveyance and description of any of said lands by lot number as
shown on said Plat, shall be a proper and sufficient description thereof.
The lots in said subdivision shall be sold by the Grantor(s), as their interests may
appear, and shall be purchased by the buyers thereof, subject to the terms contained
herein and subject to the following instruments of record in the real estate records of
Pulaski County, Arkansas, all of which are herein incorporated by reference, to wit:
1. That certain Ordinance #19,399 approved September 20, 2005 by the
Board of Directors of the City of Little Rock, Arkansas, recorded September 26, 2005 as
Document 2005081775, as amended by that certain Ordinance #19,699 approved
February 20, 2007 and recorded March 8, 2007 as Document 2007018567, as further
amended by that certain Ordinance #19,980 approved June 3, 2008, and as further
amended by that certain Ordinance #19,994 approved July 15, 2008 (collectively, and
as may be further amended, the "PCD Restrictions");
2. That certain Declaration of Covenants and Restrictions dated October 26,
2005 and recorded October 31, 2005 as Document 2005091973 (the "DOR");
3. That certain First Amended and Restated Declaration of Restrictions and
Grant of Easements, dated May 10, 2007 and recorded May 11, 2007 as Document
2007037391, as amended by that certain First Amendment to First Amended and
Restated Declaration of Restrictions and Grant of Easements, dated August 25, 2008
and recorded August 26, 2008 as Document 2008058837, and as further amended by
that certain Second Amendment to First Amended and Restated Declaration of
Restrictions and Grant of Easements, dated November 13, 2009 and recorded
November 20, 2009 as Document 2009078062 (collectively, the "DRGE"); and
4. That certain Declaration of Drainage Easement recorded February 28,
2007 as Document 2007015560 as amended and restated by that certain First
Amended and Restated Declaration of Drainage Easement dated May 10, 2007 and
recorded May 11, 2007 as Document 2007037392.
Collectively, the instruments set forth in numbers 1 through 4 above are hereinafter
referred to as the "Easements and Restrictions".
5. These Easements and Restrictions shall not be amended, canceled or
supplemented unless so amended, canceled or supplemented by the terms set forth
therein, except that any change in the PCD Restrictions must be approved by the Little
Rock Planning Commission.
6. All buildings constructed on said lots shall be no nearer to any street than
the building lines as shown on the Plat, if any. All buildings shall be constructed in
conformance with the Building Code and Zoning Ordinance of the City of Little Rock,
Arkansas.
7. This Bill of Assurance may be executed in any number of counterparts,
each of which shall be deemed to be an original, and all of which shall together
constitute one and the same instrument.
8. The Original BOA and the Original Plat are hereby replaced and
superseded by this Bill of Assurance and the Plat with respect to the Property only, and
the Original BOA and the Original Plat otherwise remain unaffected by this Bill of
Assurance and the Plat.
The considerations set forth in items one through eight are hereby approved by
the City of Little Rock Planning Commission.
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16
SHACKLEFORD CROSSINGS,--LLC
By:
Timothy P. Buss, not personally, but
in his capacity as court appointed
Receiver in Case No. CV-2010-1751,
pending in the Circuit Court of Pulaski
County, Arkansas, Sixth Division.
One Oakbrook Terrace
Suite 600
Oakbrook Terrace, IL 60181
Date:
ACKNOWLEDGMENT
STATE OFj )
ss.
COUNTY OFF ' )
Be it remembered that on this � '� day of " s- . 2010, before me a
notary public in and for the county and state aforesaid, came Timothy P. Buss, not
personally, but in his capacity as court appointed Receiver, who acknowledged himself
to be the court appointed Receiver of Shackleford Crossings, LLC, in Case No. CV-
2010-1751 pending in the Circuit Court of Pulaski County, Arkansas, Sixth Division, and
that he, not personally but in his capacity as such court appointed Receiver, being
authorized so to do, executed the foregoing instrument in the name of and on behalf of
said limited liability company for the purposes therein contained.
In testimony whereof, I hereunto set my hand and affix my notary seal the day
and year last above written.
My commission expires:
Notary Pubic
OFFICIAL SEAL
MELINDA S HOWELL
NOTARY PUBLIC - STATE OF ILLINOIS
[',:'MY'COMMMSSION EXPIRES:1M24 .10
DEVELOPMENT
CONSULTANTS
INCORPORATED
August 3, 2010
Ms. Donna James
City of Little Rock
Planning and Development Division
723 W. Markham
Little Rock, Arkansas 72201
RE: Shackleford Crossing Addition — Replat of Lots 4B & 4C
DO Project #10-139
Dear Donna:
Enclosed are three copies of the proposed replat of Lots 4B and 4C. The purpose of this replat is to
adjust the common lot line between these to lots for a proposed sale. Please review and provide any
comments to me at your earliest convenience.
Thank you for your assistance and please call me if you have any questions.
Sincerely,
Development Consultants, Inc.
ARobert r wn
Vice President
G:2010\10-139\Planning\Document\10139a.doc
Engineering ■ Planning ■ Land Surveying ■ Landscape Architecture
2200 North Rodney Parham Road, Suite 220 • Little Rock, Arkansas 72212 • Telephone 501.221-7880 • Fax 501-221-7882
509 West Spring Street, Suite 135 • Fayetteville, Arkansas 72701 • Telephone 479-444-7880 • Fax 479-251-8210
Robert Brown
From: Daniel.Tull@CArkW.com
Sent: Tuesday, August 03, 2010 5:14 PM
To: Robert Brown
Subject: Re: Shackleford Crossings - Replat of Lots 4B & 4C
Looks good to me.
Thank you
Daniel Tull
Engineering Technician
501-377-1245
From: "Robert Brown" <rbrown dci-Ir.com>
To: "Jim Boyd" <Daniet.Tu11@CA*W_com>, "KEATHLEY, CHRIS (ATTSWBT)" <ck0826Q311.com>, "BETTIS, GARY M"
<GBMISCDenterpv.com>, "Ford, Geoffrey R."<aeoffrev.farpenteroointenergy.com>
Cc: "James, Donna" <D.LarneSAfl lergck_o_r_q>, "Jeff Maxwell" <'effm cla dev. m>
Date: 08/03/2010 08:33 AM
Subject: Shackleford Crossings - Replat of Lots 4B & 4C
Attached is a copy of a proposed replat to make a lot line adjustment between Lots 4B &4C. Also attached for your
reference is the previously recorded plat for the southern part of the subdivision that originally platted these lots. All
easements requested at that time have been recorded with the previous plat and all utility mains have been installed
These easements are shown as existing on the proposed replat.
Please review the proposed plat for any additional easement requests that may be necessary.
Thank you for your assistance and please call me if you have any questions regarding this item.
Robert M. Brown
Development Consultants, Inc.
2200 North Rodney Parham Road, Suite 220
Little Rock, Arkansas 72212
Telephone: 501-221-7880
Facsimile: 501-221-7882
Cell: 501-804-7881
rbrown(&dci-lr.com
[attachment "10-139 2010-08-03 FINAL PLAT REVIEW COPY.pdf" deleted by Daniel Tull/CAW] [attachment "04-212 07-16-08
Recorded Final Plat #2.pdf' deleted by Daniel Tull/CAW]
Before you print this email think about the environment.
Robert Brown
From: KEATHLEY, CHRIS (ATTSWBT) [ck0826@att.com]
Sent: Tuesday, August 03, 2010 8:51 AM
To: Robert Brown
Subject: FW: Shackleford Crossings - Replat of Lots 4B & 4C
Attachments: 10-139 2010-08-03 FINAL PLAT REVIEW COPY.pdf; 04-212 07-16-08 Recorded Final Plat #
2.pdf
AT&T approves easements on proposed final plat of lots 413 & 4C at Shackleford Crossing.
Thanx Chris
Chris Keathley
Manager 05P Ping & Eng Dsgn
501.373.6594 0
501.615.5823 C
From: Robert Brown [mailto:rbrown@dci-Ir.com]
Sent: Tuesday, August 03, 2010 8:31 AM
To: Jim Boyd; Daniel.Tull@CArkW.com; KEATHLEY, CHRIS (ATTSWBT); BETTIS, GARY M; Ford, Geoffrey R.
Cc: James, Donna; Jeff Maxwell
Subject: Shackleford Crossings - Replat of Lots 4B & 4C
Attached is a copy of a proposed replat to make a lot line adjustment between Lots 413 &4C. Also attached for your
reference is the previously recorded plat for the southern part of the subdivision that originally platted these lots. All
easements requested at that time have been recorded with the previous plat and all utility mains have been installed.
These easements are shown as existing on the proposed replat.
Please review the proposed plat for any additional easement requests that may be necessary.
Thank you for your assistance and please call me if you have any questions regarding this item.
Robert M. Brown
Development Consultants, Inc.
2200 North Rodney Parham Road, Suite 220
Little Rock, Arkansas 72212
Telephone: 501-221-7880
Facsimile: 501-221-7882
Cell: 501-804-7881
rh wf&dci-lrcorn
Robert Brown
From: Jim Boyd Uim.boyd@lrwu.com]
Sent: Tuesday, August 03, 2010 11:00 AM
To: 'James, Donna'
Cc: Robert Brown
Subject: FW: Shackleford Crossings - Replat of Lots 4B & 4C
Attachments: 10-139 2010-08-03 FINAL PLAT REVIEW COPY.pdf; 04-212 07-16-08 Recorded Final Plat #
2.pdf
LRW has no objection to the filing of this plat. Sewer is available to this property and no additional easements are
required by LRW.
James Boyd, P.E.
Engineering Supervisor
Little Rock Wastewater
#1i Clearwater Drive
Little Rock, AR'72204
Office 501-688-1414
Mobile 501-352-0390
email jim.boyd[cplrwu.com
From: Robert Brown [mailto:rbrown@dci-Ir.com]
Sent: Tuesday, August 03, 2010 8:31 AM
To: Jim Boyd; Daniel.Tull@CArkW.com; KEATHLEY, CHRIS (ATTSWBT); BETTIS, GARY M; Ford, Geoffrey R.
Cc: James, Donna; Jeff Maxwell
Subject: Shackleford Crossings - Replat of Lots 4B & 4C
Attached is a copy of a proposed replat to make a lot line adjustment between Lots 4B &4C. Also attached for your
reference is the previously recorded plat for the southern part of the subdivision that originally platted these lots. All
easements requested at that time have been recorded with the previous plat and all utility mains have been installed.
These easements are shown as existing on the proposed replat.
Please review the proposed plat for any additional easement requests that may be necessary.
Thank you for your assistance and please call me if you have any questions regarding this item.
Robert M. Brown
Development Consultants, Inc.
2200 North Rodney Parham Road, Suite 220
Little Rock, Arkansas 72212
Telephone: 501-221-7880
Facsimile: 501-221-7882
Cell: 501-804-7881
rbrownC3 dci- lr.com
Robert Brown
From: Zinser, Brandon M [Brandon.Zinser@centerpointenergy.coml
Sent: Thursday, August 05, 2010 9:18 AM
To: Robert Brown
Subject: RE: Shackleford Crossings - Replat of Lots 4B & 4C
Robert,
CenterPoint Energy approves the replat of lots 413 & 4C at Shackleford Crossings as shown on the drawing.
Thanks,
Brandon Zinser
CenterPoint Energy
Phone: 501-377-4930
Cell: 501-425-2289
From: Robert Brown [mailto:rbrown@dci-Ir.coml
Sent: Tuesday, August 03, 2010 8:31 AM
To: Jim Boyd; Daniel.Tull@CArkW.com; KEATHLEY, CHRIS (ATTSWBT); BETTIS, GARY M; Ford, Geoffrey R.
Cc: James, Donna; Jeff Maxwell
Subject: Shackleford Crossings - Replat of Lots 4B & 4C
Attached is a copy of a proposed replat to make a lot line adjustment between Lots 4B &4C. Also attached for your
reference is the previously recorded plat for the southern part of the subdivision that originally platted these lots. All
easements requested at that time have been recorded with the previous plat and all utility mains have been installed.
These easements are shown as existing on the proposed replat.
Please review the proposed plat for any additional easement requests that may be necessary.
Thank you for your assistance and please call me if you have any questions regarding this item.
Robert M. Brown
Development Consultants, Inc.
2200 North Rodney Parham Road, Suite 220
Little Rock, Arkansas 72212
Telephone: 501-221-7880
Facsimile: 501-221-7882
Cell: 501-804-7881
rbrowno&dc�lr.com
Robert Brown
From: CEARLEY, MICHAEL D [MCEARLE@entergy.com]
Sent: Tuesday, August 03, 2010 10:16 AM
To: Robert Brown
Subject: RE: Shackleford Crossings - Replat of Lots 413 & 4C
Yes, our facilities run in the easement along the west side of the lots. Given that, Entergy has no objection to the
proposed replat.
Mike Cearley
Senior Engineer
Entergy Arkansas, Inc.
Office 501-954-5151
Fax 501-954-5175
-----Original Message -----
From: Robert Brown [mailto:rbrown@dci-Ir.com]
Sent: Tuesday, August 03, 2010 10:06 AM
To: CEARLEY, MICHAEL D
Subject: RE: Shackleford Crossings - Replat of Lots 4B & 4C
No changes proposed to any of the easements. Simply a lot line adjustment and no easements are on the subject
lot line. As I recall, electrical runs within the easement on the western side of the lots.
Thanks,
Robert M. Brown
Development Consultants, Inc.
Telephone: 501-221-7880
Cell: 501-804-7881
From: CEARLEY, MICHAEL D [mailto:MCEARLE@entergy.com]
Sent: Tuesday, August 03, 2010 10:03 AM
To: BETTIS, GARY M; Robert Brown
Subject: RE: Shackleford Crossings - Replat of Lots 4B & 4C
It appears that the south property line of Lot 4B is moved further south. Is that the only change? Is there any
change to the utility easement we are in?
Mike Cearley
Senior Engineer
Entergy Arkansas, Inc.
Office 501-954-5151
Fax 501-954-5175
-----Original Message -----
From: BETTIS, GARY M
Sent: Tuesday, August 03, 2010 8:43 AM
To: 'rbrown@dci-Ir.com'
Cc: CEARLEY, MICHAEL D
Subject: FW: Shackleford Crossings - Replat of Lots 4B & 4C
I am forwarding your request to Mike Cearley for further handling .......... Gary
-----Original Message -----
From: Robert Brown [mailto:rbrown@dci-ir.com]
Sent: Tuesday, August 03, 2010 8:31 AM
To: Jim Boyd; Daniel.Tull@CArkW.com; KEATHLEY, CHRIS (ATTSWBT); BETTIS, GARY M; Ford, Geoffrey
R.
Cc: James, Donna; Jeff Maxwell
Subject: Shackleford Crossings - Replat of Lots 4B & 4C
Attached is a copy of a proposed replat to make a lot line adjustment between Lots 413 &4C. Also
attached for your reference is the previously recorded plat for the southern part of the subdivision that
originally platted these lots. All easements requested at that time have been recorded with the previous
plat and all utility mains have been installed. These easements are shown as existing on the proposed
replat.
Please review the proposed plat for any additional easement requests that may be necessary.
Thank you for your assistance and please call me if you have any questions regarding this item.
Robert M. Brown
Development Consultants, Inc.
2200 North Rodney Parham Road, Suite 220
Little Rock, Arkansas 72212
Telephone: 501-221-7880
Facsimile: 501-221-7882
Cell: 501-804-7881
rbrown(&dci-lr.com
City of Little Rock
Planting and Development
Filing Fees
Date , 20_Lo_
Annexation
Board of Adjustment
Cond Use Permit/T U P
Final Plat
Planned Unit Dev
Preliminaty Plat
Special Use Permit
Rezoning
Site Plans
Street Name Change
Street Name Signs
Number -at -ea.
Public Heating Signs
Number -at -ea
Total
File No
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