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HomeMy WebLinkAboutS-1608 Application2008005820 Received: 11251200-B 12:04:44 PM Recorded: 01/25/2008 12:09.00 PM Filed 8. Recorded in Official Records of PAT O'EIRIENr PULASKI COUNT( CIRCUITICC,UNTY CLERK Fees $30.00 PLAT AND BILL OF ASSURANCE OF FINAL PLAT OF LOT 1, NHDTOWNE ADDITION A REPLAT OF BLOCK 1, PART OF BLOCK 2, ORLANDO HEIGHTS, AND PART OF BLOCK 15, HOWARD ADAMS & R.D. PLUNKETT'S SUBDIVIS ON'"'"•.••... AND PART OF CLOSED "A" AND "B" STREETS ;•' GIRC111r�, TO THE PUBLIC, KNOW ALL MEN BY THESE PRESENTS: WHEREAS; SPC Markham Limited Partnership, wit is LU a Texas limited partnership ("Grantor") owns the lands lying in Pulaski County, Arkansas, and more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes. WHEREAS, Grantor desires to (i) cancel and render null and void the original lots located within the property described in Exhibit "A" and (ii) create one single lot to be known as Lot 1 MidTowne Addition, an addition to the City of Little Rock, Pulaski County, Arkansas; WHEREAS, at the time of filing this Plat and Bill of Assurance, Grantor is the owner of the Land; and WHEREAS, by this Plat and Bill of Assurance, Grantor intends to create for its benefit, and for the mutual benefit of Grantor's successors and assigns and all future owners of the Land, certain rights, easements, covenants and conditions governing the use, enjoyment and maintenance of the Land. NOW, THEREFORE, Grantor has caused the Land to be surveyed by Paul M. White, Registered Land Surveyor, on the date &D 2 5' �)-m and by the signature of said surveyor and the Grantor, and bears a Certificate of Approval executed by the Little Rock Planning Commission, and is on record in the office of the Circuit Clerk and the ex-officio Recorder of Pulaski County, Arkansas, in Plat Book , Page _ and the Grantor does hereby make this Bill of Assurance. 26-0-6,70os8z1 The Grantor does hereby certify that it has replatted the Land in accordance with the Plat. Henceforth, the description and conveyance by such designation as shown and represented on the Plat is a proper and sufficient description for all purposes. The Land and any interest therein shall be held, owned and conveyed subject to and in conformity with the declarations, restrictions and covenants set forth in this instrument which shall be construed to be covenants running with the Land, except as herein set forth and shall be binding upon the owner of the Land platted herein and upon its successors and assigns forever, to wit: (a) Land Use: The Land shall be hereafter held, owned and used for the purpose of constructing and maintaining structures or facilities thereon, consistent with local 11685_2 (19250.10.00) zoning ordinances and/or regulations of the City of Little Rock, Arkansas applicable to the Land. (b) Buildin • Line: No buildings shall hereafter be erected, placed, located or permitted to remain on the Land closer to the perimeter of the platted lot lines than the building line as shown on the Plat. (c) Utility Easement: Permanent easements for the installation and maintenance of utilities (water, sewer, gas, electrical, cable, telephone and otherwise) is created, excepted and reserved over, across and through the Land as shown on the Plat. Notwithstanding the foregoing to the contrary, the City of Little Rock and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters and adding to or removing all or parts of their respective systems without the necessity at any time of procuring the permission of anyone upon the conditions that the City of Little Rock and such public utility entities will at all times after doing any work in connection with the construction, reconstruction; inspection, maintenance and additions to or removal of all or parts of their respective systems, restore said premises to the condition in which they were found before such work was undertaken, and that in the use of the rights and privileges herein granted, the City of Little Rock and such public utility entities will not create a nuisance or do any act that will be detrimental to said premises or to the business operations located thereon. (d) Buildimg Restrictions: The buildings placed upon the Land shall be consistent with and shall conform to the applicable zoning regulations of the City of Little Rock, Arkansas. (e) Signs: No signs, billboards, posters or advertising devices shall be permitted upon the Land, except as are allowed pursuant to the City of Little Rock sign ordinance, as the same may be amended from time to time; or any variance granted by the appropriate municipal authorities. Each and all of the covenants and provisions set forth in this instrument shall be binding covenants affecting present and future owners, their heirs, successors and assigns. These covenants shall run with the Land and may be enforced by any person or corporation adversely affected by the breach thereof, but no person or corporation shall be liable for breaches committed except during his, or her, or its ownership. Any and all of the covenants set forth in this instrument may be amended, modified, extended, changed or canceled in whole or in part from time to time by written instrument signed and acknowledged by the Grantor, its successors or assigns, and the provisions of such instrument so executed shall be binding from and after the date it is duly filed for record in the real property records of Pulaski County, Arkansas. 11685_2 (19250.10.00) Invalidation of any provision set forth herein, or any part thereof by an order, judgment, or decree of any Court or otherwise, shall not invalidate or effect any of the other provisions of any part thereof as set forth herein and they shall remain in full force and effect. Executed this -1+ day of January, 2008. SPC MARKHAM LIMITED PARTNERSHIP, a Texas limited partnership By: MARKHAM GENF,RAL, LLC, a Texas limited liability company general partner By: J es 1. trode, anage STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me thisX7 day of January, 2008, by James F. Strode, Manager of Markham General, LLC, a Texas limited liability company, general partner of SPC MARKHAM LIMITED PARTNERSHIP, a Texas limited partnership, on behalf of such Iimited liability company and limited partnership, and as the act and deed of such limited liability company and limited partnership, for the consideration therein expressed, and in the capacity therein stated. GAL J BOND My Commission Expires LLLIII�--- tI/ �a March 22, 2009 Notary Public, State of "Texas My Con fission Expires: - IC( 3 l 1685_2 (19250.10.00) EXHIBIT A LEGAL DESCRIPTION PART OF LOT 15, HOWARD ADAMS AND R.D. PLUNKETT'S SUBDIVISION, LITTLE ROCK, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NW CORNER OF SAID LOT 15; THENCE S01'59'47'W ALONG THE WEST LINE OF SAID LOT, 15.0 FT.; THENCE S8750'16"E PARALLEL TO THE NORTH LINE OF SAID LOT 15, 10,0 FT. TO THE POINT OF BEGINNING; THENCE CONTINUE S87*50' 16" E PARALLEL TO THE NORTH LINE OF SAID LOT 15. 259.40 FT.; THENCE 5[11'15'SO"V1, 136.04 FT; THENCE S86'24'25"E, 96.90 FT.; THENCE S88'13'17"E, 50.00 FT.; THENCE S01'32'42"W, 137.99 FT.; THENCE N87'50'16'W PARALLEL TO THE SOUTH LINE OF SAID LOT 15, 379.09 FT.; THENCE NGI'59'56"E, 3.00 FT. TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FT.; THENCE IN A NORTHWESTERLY DIRECTION ALONG THE ARC OF SAID CURVE T-D THE RIGHT TO THE POINT OF TANGENCY THEREOF (SAID CURVE SEGMENT HAVING A CHORD BEARING AND DISTANCE OF N42'54'57"W, 42.48 FT.; THENCE N01'59'49"E PARALLEL TO THE WEST LINE OF SAD LOT 15, 238.12 FT. TO THE POINT OF BEGINNING, CONTAINING 91.970 SQ. FT, OR 2.1113 ACRES MORE OR LESS. AND LOTS 1 THROUGH 26, BLOCK 1, ORLANDO HEIGHTS, LITTLE ROCK, PULASKI COUNTY, ARKANSAS. (THIS AREA MEASURES 175,283 SO. FT. OR 4.0239 ACRES MORE OR LESS) AND LOTS 1 THROUGH 21, BLOCK 2, ORLANDO HEIGHTS, LITTLE ROCK, PULASKI COUNTY, ARKANSAS. (THIS AREA MEASURES 141,651 SO. Fl_. OR 3,2519 ACRES MORE OR LESS) AND ALL THAT PORTION OF "A" STREET LYING EAST OF ORLANDO HEIGHTS, WEST OF PIERCE STREET AND LITTLE ROCK, PULASKI COUNTY, ARKANSAS. (THIS AREA MEASURES 34.956 SQ. FT, OR 0.8025 AND UNVERSITY AVENUE, SOUTH OF BLOCK 1, NORTH OF BLOCK 2, ORLANDO HEIGHTS, ACRES MORE OR LESS) ALL THAT PORTION OF "T STREET LYING EAST OF UNIVERSITY AVENUE, NORTH OF AND ADJACENT TO LOTS 1 THROUGH 7, BLOCK 1, ORLANDO HEIGHTS AND ALL THAT PORTION OF "B" STREET NORTH OF AND ADJACENT TO THE WEST 19.52 FT. OF LOT 8, BLOCK 1, OR:_ANDO HEIGHTS, ALL SOUTH OF BLOCK 15, HOWARD ADAMS AND R.D. PLUNKETT'S SUBDIVISION, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, (THIS AREA MEASURES 13,898 SQ, FT. OR. 0.3191 ACRES MORE OR LESS) ALL OF THE ABOVE PROPERTY MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE NW CORNER OF LOT 15, HOWARD ADAMS AND R.D. PLUNKETT'S SUBDIVISION, LITTLE ROCK, ARKANSAS: THENCE S01'59'47'W ALONG THE WEST LINE OF SAID LOT, 15.0 FT.; THENCE S87'50'16"E PARALLEL TO THE NORTH LINE OF SAID LOT 15, 10.0 FF. TO THE POINT OF BEGINNING; THENCE CONTINUE $87'50'16"E PARALLEL TO THE NORTH LINE OF SAID LOT 15, 259.40 FT.; 'HENCE S01'15'50"W, 136.04 FT; THENCE S86'24'25'E, 96.90 FT.; THENCE S88' 13' 17" E, 50.00 FT.; THENCE S01'32'42"W, 137.99 FT.; THENCE S02'06158"W, 34.29 FT. TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF B STREET; THENCE S8753'02"E ALONG SAID SOUTH FIGHT--OF-WAY LINE, 301.51 FT. TO A POINT CN THE WEST RIGHT-OF-WAY LINE OF PIERCE STREET; THENCE S01'39'15"W ALONG SAID WEST RIGHT-OF-WAY LINE. 554.42 FT. TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WEST MARKHAM STREET; THENCE N8742'09"W ALONG SAID NORTH RIGHT-OF- WAY LINE, 427.98 FT.; THENCE N01'31'26"E, 125.60 FT.; THENCE N87'46'12"W, 267.97 FT. TO A POINT ON THE EAST RIGHT -OF --WAY LINE OF UNIVERSITY AVENUE; THENCE NORTHERLY SAID EAS126.07 FT (2)NN01'36'10"ET 50.00 FT. (3)RIGHT-OF-WAY 20'12" E LIE THE �299 516GFTf)(4)ONORTHWESTERLY ALONG THE ARC OF A 30.00 FT. RADIUS CURVE TO THE RIGHT. A CHORD BEARING AND DISTANCE OF N24717'11"W, 26.72 FT. AND (5) N01'59'49"E, 238.12 Fi. TO THE POINT OF BEGINNING. MIDTOWNE LITTLE ROCK PARTNERS LIMITED PARTNERSHIP c/o Strode Property Company 5950 Berkshire Lane, Suite 1600 Dallas, Texas 75225 (214)361-6900 (214) 361-0049 (Fax) January 15, 2008 VIA FEDERAL EXPRESS Ms. Donna James City of Little Rock Planning & Development 723 West Markham Street Little Rock, AR 72201 RE: FINAL PLAT MIDTOWNE SHOPPING CENTER LITTLE ROCK, AR Dear Donna: Enclosed are four (4) originals of the Final Plat for Midtowne Shopping Center in Little Rock, AR. Please have the appropriate party from the City of Little Rock execute each original where indicated. Once signed by the City of Little Rock, please have the fully executed originals recorded. Please call me at (214) 361-6900 once you have received the recorded Final Plats and I will make arrangements to pick one up from you the next time I am in Little Rock. Should you have any questions, please feel free to contact me at (214) 361-6900. Sincerely, ad&C.l / M. Adam Richey Enclosures INFORMATION FURNISHED IS FROM SOURCES DEEMED RELIABLE BUT IS NOT GUARANTEED BY US AND IS SUBJECT TO CHANGE IN PRICE, CORRECTIONS, ERRORS AND OMISSIONS, PRIOR SALES OR WITHDRAWAL WITHOUT NOTICE