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HomeMy WebLinkAboutS-1620 Application2008055892 Received: 8/14/2008 10:07:08 AM Recorded: 08/14/2008 10:15:59 AM Filed & Recorded in Official Records of PAT O'BRIEN, PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $60.00 THIS INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Timothy W. Grooms, Esq. Quattlebaum, Grooms, Tull & Burrow PLLC 111 Center Street, Suite 1900 Little Rock, Arkansas 72201 (501) 379-1700 BILL OF ASSURANCE iL KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS ��8 e r!t'n t tin 14910 CANTRELL, LLC, an Arkansas limited liability company (" t4910") and FRP CANTRELL FALLS, LLC, an Arkansas limited liability company ("FRP") (collectively, FRP and 14910. maybe referred to as "Grantor"), are the owners of the following described lands lying in the r,al County of Pulaski, State of Arkansas, to wit: r . PROPERTY DESCRIPTION Land lying in the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the found 5/8 inch rebar at the Northwest Corner of the said Northeast Quarter of the Northwest Quarter, Section 19; thence along the North line of the said Northeast Quarter South 87 degrees 50 minutes 52 seconds East for 253.88 feet to a found 1/2 inch pipe being the point of beginning; thence South 89 degrees 34 minutes 31 seconds East for 280.60 feet to a found 1 inch rebar; thence South 88 degrees 46 minutes 07 seconds East for 297.73 feet to a found 5/8" rebar; thence leaving the said North line South 01 degrees 18 minutes 36 seconds West for 304.26 feet to a found 3/8" rebar; thence South 01 degrees 33 minutes 00 seconds West for 345.11 feet to a found nail which is also a point on the North Right -of -Way of Arkansas Highway 10 (Cantrell Road); thence continuing along said Right -of -Way North 89 degrees 54 minutes 47 seconds West for 113.56 feet to a found nail; thence North 78 degrees 42 minutes 39 seconds West for 101.60 feet to a found 5/8 inch rebar; thence North 69 degrees 34 minutes 59 seconds West for 87.61 feet to a foundl/2 inch rebar; thence North 68 degrees 56 minutes 19 seconds West for 300.63 feet to a found 1/2 inch rebar; thence leaving said Right -of -Way North 01 degrees 35 minutes 33 seconds East for 499.17 feet to the point of beginning containing 7.9371 acres more or less. AND, WHEREAS, it is desirable that all of the above described property be subdivided into lots and blocks; NOW, THEREFORE, WITNESSETH: Grantor has caused said tract of land to be surveyed by The Holloway Firm, Inc., Registered Land Surveyor having Arkansas License Number RLS , and a plat thereof made which is identified by the title Lot 1, Cantrell Falls Subdivision to the City of Little Rock, Pulaski County, Arkansas and the date _, and by recordation by the Circuit Clerk and ex-officio Recorder of Pulaski County, Arkansas, in Plat Book��, page(- fib893 and the Grantor does hereby make this Bill of Assurance. Lot 1 is separately identified by metes and bounds description on Exhibit A-1 (Lot 1) attached hereto and incorporated herein. Grantor hereby certifies that it has laid off, platted and subdivided, and does hereby lay off, plat and subdivide said real estate in accordance with said plat. The lands embraced in said plat shall be forever known as Lot 1, Cantrell Falls Subdivision to the City of Little Rock, Pulaski County, Arkansas. 2 Grantor hereby dedicates to the public easements shown by said 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. to wit: Lot 1 (and all other lots to be platted in the future shall be subject to the following covenants, Lot 1 shall be re -subdivided into nor shall any structure be erected or placed on any Lot having a width or total area less than the minimum standards as set forth by current Zoning and Subdivision Ordinance regulations for the City of Little Rock and pertaining to the current zoning classification of the subject Lot. 2. No building is to be constructed on Lot 1 nearer than the setback lines noted on said plat. All other applicable setbacks for buildings and parking areas shall be in accordance with provisions for front, side and rear yard setbacks as set forth in current Zoning and Subdivision Ordinance regulations for the City of Little Rock, and pertaining to the current zoning classification of Lot 1, at the time of development. 3. No buildings or other structures shall be built or maintained within the area of any of the easements shown on the plat, and in the event any such obstruction is placed thereon in violation of this restriction and reservation, no utility or public agent will be liable for destruction of same in constructing and maintaining its facilities located within the area of said easement. 4. Lot 1 shall be expressly governed and bound by all provisions of City of Little Rock Ordinance Number 19,946, recorded in the real estate records of Pulaski County, Arkansas on May 28, 2008, as Instrument No. 2008036664 (a copy being attached hereto as Exhibit B). 5. No obstruction shall be placed in the street or gutter. Curbs shall be broken at driveways, and driveway aprons shall not extend past the face of the curb. 6. These covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 180 days from the date this Bill of Assurance is recorded, after which time said covenants and restrictions shall be automatically extended for successive periods of ninety-nine (99) years, unless an instrument signed by the then owner of Lot 1 has been recorded, agreeing to change said covenants and restrictions in whole or in part, which approval and consent shall not be unreasonably delayed, withheld or conditioned. 7. Except as allowed by Paragraph 6, these covenants and restrictions shall not be amended, cancelled or supplemented unless an instrument signed by the then owner of Lot 1, which approval and consent shall not be unreasonably delayed, withheld or conditioned, is placed on record agreeing to change the covenants and restrictions in whole or in part, and any change must, prior to becoming effective, have the approval of the Little Rock Planning Commission. 8. In the event of any attempt to violate any of the covenants or restrictions herein, before the expiration date hereof, it shall be lawful for any person or persons owning Lot 1 to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction, and either to prevent him or them from so doing or to recover damages or other dues for such violation. 9. The invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. The considerations set forth in items one through nine are hereby approved by the City of Little Rock Planning Commission. Any additional requirements, restrictions or statements are M entered without review or action by the City of Little Rock Planning Commission, and shall not be considered part of the City of Little Rock Planning Commission's requirements for plat approval. IN WITNESS WHEREOF, the undersigned executed this Bill of Assurance on the day and year noted below. 14910 CANTRELL, LLC, an Arkansas limited liability coVfp�ny ,.I th, Manager FRP CANTRELL FALLS, LLC, an Arkansas limited liability company By: FliM .C. By David Flis, Authorized Managing Member THE HOLLOWAY FIRM, T., an Arkansas cornefation n ., Approved by: CITY OF LITTLE ROCK ARKANSAS PLANNING COMMISSION By: Print Name: Title: Ravievved only for inclusion of minimum standards roquirea by the Cit'j of Little Rock subdivision simulations. oi:i of Assurance provisions mtablished by developer may exceed minimum rcculations of the 5 the Rock sutrdivision and zoning ordinances. �0 q C, of jjttle Rock Planning commission ACKNOWLEDGMENT STATE OF ARKA%ti) ss: COUNTY OF-i4L�) On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, the within named Steve Hockersmith, Manager of 14910 CANTRELL, LLC, an Arkansas limited liability company, and stated 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 the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. 4IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this � day of —U --(, 2008. (SEAL) C: ECUI �a�L' ng s.f� � Of `V22f2012 r au :v. STATE OF A NS S ) ) ss: ACKNOWLEDGMENT COUNTY OF ) On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, the within named David Flis, Authorized Managing Member of Flis Investments L.L.C, which is the sole member of FRP CANTRELL FALLS, LLC, an Arkansas limited liability company, and stated 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 the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. ;.ST-1" I OYWHEREOF, I have day ofk 00 8. My co fission exp' es: (SEAL) hand and official seal this ] lic ICIAL SEAL" LLY SN M :OEW7ns?!ic s,�„ oiArk�.srs_n ofWhim mhsian Axp. 08=012 ACKNOWLEDGMENT STATE OF ARKA SAS) ss: COUNTY O On this day personally appeared before the undersigned, a Notary Public within and for the County --anA, State afo sai , duly alified, co issioned and acting, the within named of THE HOLLOWAY FIRM, INC., an Arkansas corporation, and stated that he Was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TE$TIMONY WHEREOF, I have hereunto set my hand and official seal this ��day of k; 2008. r Notary Public My commission expires; (SEAL) " OFMCLkL SEAL" KFLLY SMITH NOWY Pa6ue l4:aLa pfAdmwn hEy Cnrcm �,of 5Y$rm u�l71�a12 Exhibit A-1 Metes and Bounds Description/Lot 1 Lot #1 Lands lying in the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the found 5/8 inch rebar at the Northwest Corner of the said Northeast Quarter of the Northwest Quarter, Section 19; thence along the North Line of the said Northeast Quarter South 87 degrees 50 minutes 52 seconds East for 253.88 feet to a found '/z inch pipe; thence leaving said North line South 01 degrees 35 minutes 33 seconds West for 432.74 feet to a point being the point of beginning; thence South 88 degrees 24 minutes 27 seconds East 61.00 feet; thence North 01 degrees 32 minutes 58 seconds East 115.26 feet; thence North 63 degrees 23 minutes 44 seconds East 64.67 feet; thence South 89 degrees 34 minutes 31 seconds East 58.28 feet; thence South 60 degrees 25 minutes 03 seconds East 51.14 feet; thence South 00 degrees 25 minutes 29 seconds West 122.85 feet; thence South 88 degrees 27 minutes 00 seconds East 50.39 feet; thence along a 8.2679 degree curve to the left for 20.92 feet having a chord bearing and distance of South 05 degrees 30 minutes 35 seconds West for 20.92 feet; thence along a 14.2454 degree curve to the right for 99.49 feet having a chord bearing and distance of South 11 degrees 43 minutes 52 seconds West for 99.24 feet; thence South 18 degrees 49 minutes 02 seconds West 36.18 feet to a point on the North right-of-way of Arkansas Highway 10 (Cantrell Road); thence continuing along said right-of-way North 68 degrees 56 minutes 19 seconds West 259.45 feet; thence leaving said right-of-way North 01 degrees 35 minutes 33 seconds East 66.43 feet to the point of beginning containing 1.192 acres more or less. Z Exhibit B [PCD ORDINANCE OF MAY 28, 2008] 10 THIS INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Timothy W. Grooms, Esq. Quattlebaum, Grooms, Tull & Burrow PLLC 1 I 1 Center Street, Suite 1900 Little Rock, Arkansas 72201 (501) 379-1700 2008052204 Received: 7130/2008 2:50:33 PM Recorded: 07/30/2008 02:53:32 PM Filed & Recorded in Official Records of PAT O'BRIEN. PULASKI COUNTY CIRCUITICGUNTY CLERK Fees $55.00 BILL OF .ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, T I 200S 0 50-a 65 14910 CANTRELL, LLC, an Arkansas limited liability company ("Grantor"), is the sole owner of the following described lands lying in the County of Pulaski, State of Arkansas, to wit: PROPERTY DESCRIPTION Land lying in the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the found 5/8 inch rebar at the Northwest Corner of the said Northeast Quarter of the Northwest Quarter, Section 19; thence along the North line of the said Northeast Quarter South 87 degrees 50 minutes 52 seconds East for 253.88 feet to a found 1/2 inch pipe being the point of beginning; thence South 89 degrees 34 minutes 31 seconds East for 280.60 feet to a found 1 inch rebar; thence South 88 degrees 46 minutes 07 seconds East for 297.73 feet to a found 5/8" rebar; thence leaving the said North line South 01 degrees 18 minutes 36 seconds West for 304.26 feet to a found 3/8" rebar; thence South 01 degrees 33 minutes 00 seconds West for 345.11 feet to a found nail which is also a point on the North Right -of -Way of Arkansas Highway 10 (Cantrell Road); thence continuing along said Right -of -Way North 89 degrees 54 minutes 47 seconds West for 113.56 feet to a found nail; thence North 78 degrees 42 minutes 39 seconds West for 101.60 feet to a found 5/8 inch rebar; thence North 69 degrees 34 minutes 59 seconds West for 87.61 feet to a foundl/2 inch rebar; thence North 68 degrees 56 minutes 19 seconds West for 300.63 feet to a found 1/2 inch rebar; thence leaving said Right -of -Way North 01 degrees 35 minutes 33 seconds East for 499.17 feet to the point of beginning containing 7.9371 acres more or less. AND, WHEREAS, it is desirable that all of the above described property be subdivided into lots and blocks; NOW, THEREFORE, WITNESSETH: Grantor has caused said tract of land to be surveyed by The Holloway Firm, Inc., Registered Land Surveyor having Arkansas License Number RLS ® o E? 3 , and a plat thereof made which is identified by the title Lot 1, Cantrell Falls Subdivision to the City of Little Rock, Pulaski County, Arkansas and the date , and by recordation by the Circuit Clerk and ex-officio Recorder of Pulaski County, Arkansas, in Plat Book . page and the Grantor does hereby make this Bill of Assurance. Lot 1 is separately identified by metes and bounds description on Exhibit A-1 (Lot 1) attached hereto and incorporated herein. Grantor hereby certifies that it has laid off, platted and subdivided, and does hereby lay off, plat and subdivide said real estate in accordance with said plat. The lands embraced in said plat shall be forever known as Lot 1, Cantrell Falls Subdivision to the City of Little Rock, Pulaski County, Arkansas. Grantor hereby dedicates to the public easements shown by said plat. 2 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. to wit: Lot 1(and all other lots to be platted in the future shall be subject to the following covenants, Lot 1 shall be re -subdivided into nor shall any structure be erected or placed on any Lot having a width or total area less than the minimum standards as set forth by current Zoning and Subdivision Ordinance regulations for the City of Little Rock and pertaining to the current zoning classification of the subject Lot. 2. No building is to be constructed on Lot 1 nearer than the setback lines noted on said plat. All other applicable setbacks for buildings and parking areas shall be in accordance with provisions for front, side and rear yard setbacks as set forth in current Zoning and Subdivision Ordinance regulations for the City of Little Rock, and pertaining to the current zoning classification of Lot 1, at the time of development. 3. No buildings or other structures shall be built or maintained within the area of any of the easements shown on the plat, and in the event any such obstruction is placed thereon in violation of this restriction and reservation, no utility or public agent will be liable for destruction of same in constructing and maintaining its facilities located within the area of said easement. 4. Lot 1 shall be expressly governed and bound by all provisions of City of Little Rock Ordinance Number 19,946, recorded in the real estate records of Pulaski County, Arkansas on May 28, 2008, as Instrument No. 2008036664 (a copy being attached hereto as Exhibit S). 5. No obstruction shall be placed in the street or gutter. Curbs shall be broken at driveways, and driveway aprons shall not extend past the face of the curb. 6. These covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 180 days from the date this Bill of Assurance is recorded, after which time said covenants and restrictions shall be automatically extended for successive periods of ninety-nine (99) years, unless an instrument signed by the then owner of Lot 1 has been recorded, agreeing to change said covenants and restrictions in whole or in part, which approval and consent shall not be unreasonably delayed, withheld or conditioned. 7. Except as allowed by Paragraph 6, these covenants and restrictions shall not be amended, cancelled or supplemented unless an instrument signed by the then owner of Lot 1, which approval and consent shall not be unreasonably delayed, withheld or conditioned, is placed on record agreeing to change the covenants and restrictions in whole or in part, and any change must, prior to becoming effective, have the approval of the Little Rock Planning Commission. 8. In the event of any attempt to violate any of the covenants or restrictions herein, before the expiration date hereof, it shall be lawful for any person or persons owning Lot 1 to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction, and either to prevent him or them from so doing or to recover damages or other dues for such violation. 9. The invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. The considerations set forth in items one through nine are hereby approved by the City of Little Rock Planning Commission. Any additional requirements, restrictions or statements are entered without review or action by the City of Little Rock Planning Commission, and shall not be considered part of the City of Little Rock Planning Commission's requirements for plat approval. 4 IN WITNESS WHEREOF, the undersigned executed this Bill of Assurance on the day and year noted below. 14910 CANTRELL, LLC, an Arkansas limited liability company Bv: "e=-i0, i Steve Hock&smith, Manager THE HOLLOWAY FIRM, INC., an Arkansas corporation � By: m Print Name: moo, — ■ �. , Title: ; Date: 17 /30 /VV r � Approved by: CITY OF LITTLE ROCK ARKANSAS PLANNING By: Print Name: Title: )ram^ Date f 30 IQ� ;tWW red anV for inclusion of mininivill swdards— fequIred by the Vty of Little Rock sutbdrvislon reg iatians Bill of assurance prcvlsiens established by delabpe tho subdiiVIS on land zoning n d nances ®! Milli ROQk planning Cammi ACKNOWLEDGMENT STATE OF ARKANSAS) 4L-tyll- ) ss: COUNTY OF On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, the within named Steve Hockersmith, Manager of 14910 CANTRELL, LLC, an Arkansas limited liability company, and stated 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 the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. I NI TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of 2008. Notary Publi My commission expires: (SEAL) "QFFICIAL SEAL" KELLY SN9.T]H N"y pow Stair of AA58a Ccwdy of liVhtte ,MY C.��ixsicNs Fsp pglnw12 r ACKNOWLEDGMENT STATE OF ARKANSAS) Wk,�'— )ss: COUNTY OF I£f) On this day personally appeared before the undersigned, a Notary Public within and for the County State afo s 'd, duly qualified, commissioned and acting, the within named c�Gc� _Paej p Ij of THE HOLLOWAY FIRM, INC., an Arkansas corporation, and stated that was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. 1 rn' TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 30 Wl day of 2008. Notary Public My commission expires. a� Li -� (SEAL) 7 Exhibit A-1 Metes and Bounds Description/Lot 1 Lot #1 Lands lying in the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the found 5/8 inch rebar at the Northwest Corner of the said Northeast Quarter of the Northwest Quarter, Section 19; thence along the North Line of the said Northeast Quarter South 87 degrees 50 minutes 52 seconds East for 253.88 feet to a found '/z inch pipe; thence leaving said North line South 01 degrees 35 minutes 33 seconds West for 432.74 feet to a point being the point of beginning; thence South 88 degrees 24 minutes 27 seconds East 61.00 feet; thence North 01 degrees 35 minutes 33 seconds East 111.01 feet; thence North 63 degrees 23 minutes 44 seconds East 64.67 feet; thence South 89 degrees 34 minutes 31 seconds East 58.28 feet; thence South 57 degrees 20 minutes 17 seconds East 42.16 feet; thence South 00 degrees 25 minutes 29 seconds West 120.85 feet; thence South 88 degrees 27 minutes 00 seconds East 59.39 feet; thence along a 8.2679 degree curve to the left for 20.92 feet having a chord bearing and distance of South 05 degrees 30 minutes 35 seconds West for 20.92 feet; thence along a 14.2454 degree curve to the right for 99.49 feet having a chord bearing and distance of South 11 degrees 43 minutes 52 seconds West for 99.24 feet; thence South 18 degrees 49 minutes 02 seconds West 36.18 feet to a point on the North right-of-way of Arkansas Highway 10 (Cantrell Road); thence continuing along said right-of-way North 68 degrees 56 minutes 19 seconds West 259.45 feet; thence leaving said right-of-way North 01 degrees 35 minutes 33 seconds East 66.43 feet to the point of beginning containing 1.150 acres more or less. E:3 Exhibit B [PCD ORDINANCE OF MAY 28, 20081 2008052204 Received: V30/2008 2:50:33 PM Recorded: 07/30/2008 C12:53:32 PM Filed & Recorded in Official Records of PAT O'BRIEN PULASKI COUNTY CIRCUITICOUNTY CLERK Fees $55.00 THIS INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Timothy W. Grooms, Esq. Quattlebaum, Grooms, Tull & Burrow PLLC .:,.'•'' " : : , 111 Center Street, Suite 1900 Little Rock, Arkansas 72201 (501)379-1700 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: - THAT, WHEREAS, 1 a� A� �VV o D jtl7a65 14910 CANTRELL, LLC, an Arkansas limited liability company ("Grantor"), is the sole owner of the following described lands lying in the County of Pulaski, State of Arkansas, to wit: PROPERTY DESCRIPTION Land lying in the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the found 5/8 inch rebar at the Northwest Corner of the said Northeast Quarter of the Northwest Quarter, Section 19; thence along the North line of the said Northeast Quarter South 87 degrees 50 minutes 52 seconds East for 253.88 feet to a found 1/2 inch pipe being the point of beginning; thence South 89 degrees 34 minutes 31 seconds East for 280.60 feet to a found 1 inch rebar; thence South 88 degrees 46 minutes 07 seconds East for 297.73 feet to a found 5/8" rebar; thence leaving the said North line South 01 degrees 18 minutes 36 seconds West for 304.26 feet to a found 3/8" rebar; thence South 01 degrees 33 minutes 00 seconds West for 345.11 feet to a found nail which is also a point on the North Right -of -Way of Arkansas Highway 10 (Cantrell Road); thence continuing along said Right -of -Way North 89 degrees 54 minutes 47 seconds West for 113.56 feet to a found nail; thence North 78 degrees 42 minutes 39 seconds West for 101.60 feet to a found 5/8 inch rebar; thence North 69 degrees 34 minutes 59 seconds West for 87.61 feet to a foundl/2 inch rebar; thence North 68 degrees 56 minutes 19 seconds West for 300.63 feet to a found 1/2 inch rebar; thence leaving said Right -of -Way North 01 degrees 35 minutes 33 seconds East for 499.17 feet to the point of beginning containing 7.9371 acres more or less. AND, WHEREAS, it is desirable that all of the above described property be subdivided into lots and blocks; NOW, THEREFORE, WITNESSETH: Grantor has caused said tract of land to be surveyed by The Holloway Firm, Inc., Registered Land Surveyor having Arkansas License Number RLS o e-� �? . and a plat thereof made which is identified by the title Lot 1, Cantrell Falls Subdivision to the City of Little Rock, Pulaski County, Arkansas and the date . and by recordation by the Circuit Clerk and ex-officio Recorder of Pulaski County, Arkansas, in Plat Book . page and the Grantor does hereby make this Bill of Assurance. Lot 1 is separately identified by metes and bounds description on Exb i bit A-1 (Lot 1) attached hereto and incorporated herein. Grantor hereby certifies that it has laid off, platted and subdivided, and does hereby lay off, plat and subdivide said real estate in accordance with said plat. The lands embraced in said plat shall be forever known as Lot 1, Cantrell Falls Subdivision to the City of Little Rock, Pulaski County, Arkansas. Grantor hereby dedicates to the public easements shown by said 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. to wit: Lot 1 (and all other lots to be platted in the future shall be subject to the following covenants, Lot 1 shall be re -subdivided into nor shall any structure be erected or placed on any Lot having a width or total area less than the minimum standards as set forth by current Zoning and Subdivision Ordinance regulations for the City of Little Rock and pertaining to the current zoning classification of the subject Lot. 2. No building is to be constructed on Lot 1 nearer than the setback lines noted on said plat. All other applicable setbacks for buildings and parking areas shall be in accordance with provisions for front, side and rear yard setbacks as set forth in current Zoning and Subdivision Ordinance regulations for the City of Little Rock, and pertaining to the current zoning classification of Lot 1, at the time of development. 3. No buildings or other structures shall be built or maintained within the area of any of the easements shown on the plat, and in the event any such obstruction is placed thereon in violation of this restriction and reservation, no utility or public agent will be liable for destruction of same in constructing and maintaining its facilities located within the area of said easement. 4. Lot 1 shall be expressly governed and bound by all provisions of City of Little Rock Ordinance Number 19,946, recorded in the real estate records of Pulaski County, Arkansas on May 28, 2008, as Instrument No. 2008036664 (a copy being attached hereto as Exhibit B). 5. No obstruction shall be placed in the street or gutter. Curbs shall be broken at driveways, and driveway aprons shall not extend past the face of the curb. 6. These covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 180 days from the date this Bill of Assurance is recorded, after which time said covenants and restrictions shall be automatically extended for successive periods of ninety-nine (99) years, unless an instrument signed by the then owner of Lot 1 has been recorded, agreeing to change said covenants and restrictions in whole or in part, which approval and consent shall not be unreasonably delayed, withheld or conditioned. 7. Except as allowed by Paragraph 6, these covenants and restrictions shall not be amended, cancelled or supplemented unless an instrument signed by the then owner of Lot 1, which approval and consent shall not be unreasonably delayed, withheld or conditioned, is placed on record agreeing to change the covenants and restrictions in whole or in part, and any change must, prior to becoming effective, have the approval of the Little Rock Planning Commission. 8. In the event of any attempt to violate any of the covenants or restrictions herein, before the expiration date hereof, it shall be lawful for any person or persons owning Lot 1 to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction, and either to prevent him or them from so doing or to recover damages or other dues for such violation. 9. The invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. The considerations set forth in items one through nine are hereby approved by the City of Little Rock Planning Commission. Any additional requirements, restrictions or statements are entered without review or action by the City of Little Rock Planning Commission, and shall not be considered part of the City of Little Rock Planning Commission's requirements for plat approval. 4 IN WITNESS WHEREOF, the undersigned executed this Bill of Assurance on the day and year noted below. 14910 CANTRELL, LLC, an Arkansas limited liability company Steve Hocrmith, Manager Date: THE HOLLOWAY FIRM, INC., an Arkansas Corpi I7 By o Print Name:Z8 / Title _�;,, Date: 17 130 /y 9; Approved by: CITY OF LITTLE ROCK ARKANSAS PLANNING COMMISSION /—\ Print Name:, �,� VQ Title: ter. - Date: 3o I 0 Reviewed 0* far indussan a m,N by i�a fequked by the City of Ulde Rock subdivision r y thotians. B111 of kasurence Provis'sans es�'�hed dfveia Rook eubdlvi9 onand xaning ordin raons ces a ®Halt 1te Rack R10*603 Commi ACKNOWLEDGMENT STATE OF NSAS) -r� ) ss: COUNTY OF On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, the within named Steve Hockersmith, Manager of 14910 CANTRELL, LLC, an Arkansas limited liability company, and stated 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 the 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 this 0ok day of Not P bli My commission expires: (SEAL) W 0 ACKNOWLEDGMENT STATE OF ARKANSAS) Wk' �'_ ) ss: COUNTY OF-rSi�) On this day personally appeared before the undersigned, a Notary Public within and for the County State aforesaid, duly qualified, commissioned and acting, the within named l- b 2 jg,j of THE HOLLOWAY FIRM, INC., an Arkansas corporation, and stated tha was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. 1 IN' TESTIMONY WHEREOF, I have hereunto set my hand and official seal this �N . 2008. F Notary Public My commission expires. (SEAL) 7 �u C- airy { `• v}x; ^ 50 Wl day of Exhibit A-1 Metes and Bounds Description/Lot 1 Lot #1 Lands lying in the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the found 5/8 inch rebar at the Northwest Corner of the said Northeast Quarter of the Northwest Quarter, Section 19; thence along the North Line of the said Northeast Quarter South 87 degrees 50 minutes 52 seconds East for 253.88 feet to a found %z inch pipe; thence leaving said North line South 01 degrees 35 minutes 33 seconds West for 432.74 feet to a point being the point of beginning; thence South 88 degrees 24 minutes 27 seconds East 61.00 feet; thence North 01 degrees 35 minutes 33 seconds East 111.01 feet; thence North 63 degrees 23 minutes 44 seconds East 64.67 feet; thence South 89 degrees 34 minutes 31 seconds East 58.28 feet; thence South 57 degrees 20 minutes 17 seconds East 42.16 feet; thence South 00 degrees 25 minutes 29 seconds West 120.85 feet; thence South 88 degrees 27 minutes 00 seconds East 59.39 feet; thence along a 8.2679 degree curve to the left for 20.92 feet having a chord bearing and distance of South 05 degrees 30 minutes 35 seconds West for 20.92 feet; thence along a 14.2454 degree curve to the right for 99.49 feet having a chord bearing and distance of South 11 degrees 43 minutes 52 seconds West for 99.24 feet; thence South 18 degrees 49 minutes 02 seconds West 36.18 feet to a point on the North right-of-way of Arkansas Highway 10 (Cantrell Road); thence continuing along said right-of-way North 68 degrees 56 minutes 19 seconds West 259.45 feet; thence leaving said right-of-way North 01 degrees 35 minutes 33 seconds East 66.43 feet to the point of beginning containing 1.150 acres more or less. Exhibit B [PCD ORDINANCE OF MAY 28, 2008] Page 1 of 1 James, Donna From: KEATHLEY, CHRIS (ATTSWBT) [ck0826@att.com] Sent: Wednesday, July 30, 2008 9:13 AM To: Adam Daters Cc: Brian Dale; Paul White; James, Donna; ELLIS, BOB (ATTSWBT); SOMMERFELDT PALMER, LYNDA E (ATTSWBT) Subject: RE: Woodlands Edge Phase 9 Plat All, AT&T does NOT approve Woodlands Edge Phase 9 because there is no usable entrance easement to serve this phase or phase 8. Please refer questions to me at 501.373.6594. Thanx Chris Chris Keathley Mgr Eng/Design 501.373.6594 From: Adam Daters[mailto:adaters@whitedaters.com] Sent: Thursday, July 17, 2008 12:31 PM To: KEATHLEY, CHRIS (ATTSWBT); Jim Boyd; Joni Bates; Marie Dugan; Theodis Thompson Cc: 'Brian Dale'; 'Paul White' Subject: Woodlands Edge Phase 9 Plat Attached is a plat for review and approval. Please let us know if you have any questions. An email response or signed copy sent via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will have one sent to you without delay. The owner of this property intends to file their plat by July 31, 2008. If we do not receive an email or hear from you in reference to the attached plat by July 31, 2008, we will assume that no additional easements will be required. We appreciate your timely response. Sincerely, Adam C. Daters, PE White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F (501) 821-1668 E: adaters@whitedaters.com 7/30/2008 90BB-Ise (LOS) ettzG cacuayay •e[iamaeN �11W- wrroOif? UCA -wa A...O ooz jv '+ wC^-N3 gim"'i NSIS30 IIAIO OW 1y1N3WNOdIM43 14-S al± n 40 f4u 042 Dn tiom py u6 •oul yua-11� RUMopoH 941 g°6j(� 0MA JJ axis RIiA Z. a: yf� �7iF✓<'�7R j ;; s i e iFa in - coo oyaa lydw.na$o� -`-' ---- ,sa :f•si%5.x It W 3a LL�� C `'rawer aaMw ;a[voc eooz/¢/L :asao HUtl -TM.V] H3r :A4 amp • E iS "9 1_1qi jfl -,s Ei s b'v 1-r 7� z • a • a y % J iifl hk h � r A,r i• � j - `c � $ r i � � , �� 1 i• I � �tg' gR gg 88 EA s@ 3�^��d � �_.,A� Hoslnlaeesdgr�n:Ya YiOR '�� �.�'� '/ '`I1j`y�y��q 4°�M■�p���a paozleziL -d'el[YI [PA— t ao[ lyld 1VNir\at AYMHSIH sl[a! S[.�iM�llr=o4Viif [l� .l Page 1 of 1 James, Donna From: CEARLEY, MICHAEL D [MCEARLE@entergy.com] Sent: Tuesday, July 29, 2008 5:35 PM To: James, Donna Subject: Cantrell Falls Lot 1 looks ok to me. Entergy will require an easement for any necessary lines required and costs for any relocations, but we will work with the developer to secure. If you have any questions, please call. Thanks. Mike Cearley Senior Engineer Entergy Arkansas, Inc. Office 501-954-5151 Fax 501-954-5175 7/30/2008 Sul WAI-A nufvlulluH dMl w �n9a L S W � •'. y W � S / rdF�1'Yd6�p� 5� a X3f :AQ BNp dd f :1 r ;i RgC e7.$ yy CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS NAME — LOT 1 CANTRELL FALLS ADD. INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certain Improvements remain uncompleted and a punch list has been prepared and sent. �c. Engineering Specialist Date: `7/3008 ADDRESSING SPECIALIST'S REPORT I ig. d ind that the street names and street configuration are acceptable. 40- Addressing Specialist Date: 7 TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. Work orders have been prepared for signage and street lights. Indicate the number of street signs ordered for this plat for billing to developer Certain improvements remain uncompleted and a punch list has been prepared and sent. Traffic Engineer Date: %/3010 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. All other requirements for final plat approval have been satisfied. I Civil Engineer I/II Date: -7)30 /0'x SURVEYOR'S REPORT I have reviewed the plat and find that: All requir ents final plat approval have been satisfied. Surveyor Date: e MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. Date: 7 ho1� Design Review Engineer/Civil Engineering Manager February 2007 2205 E. Roosevelt Rd• CenterPdnt. Uth Rods, AR 77208 Phone: 501-3774656 Fax5D1377�+-4590 i59DEneigy 007 A ,� �.o,,,,6ra �f Pax: Pages: Phan: Da Re. cc: 0 urgent C] For Review 0 Please Comment ❑ POME I OMY D Please' Reeycls No WCommerds Ir_j� �-... Ail Ao t 0 e 'T u r. I x X, 1Z JVF RINI i;p! 1 i AN jil 11 ttv d The Holloway Firm, Inc, Pagel of 2 James, Donna From: Jim Boyd [jim.boyd@lrwu.com] Sent: Tuesday, July 29, 2008 11:33 AM To: James, Donna Cc: Eric Subject: FW: Cantrell Falls Plans for Public Works Submittal Donna, LRW approves Lot 1 only — we have sewer service to Lot 1 at this time and the easements are sufficent James Boyd, P.E. Little Rock Wastewater # 11 Clearwater Drive Little Rock, AR 72204 Office 501-688-1414 Mobile 501-352-0390 email jim.boyd@lrwu.com From: Eric [mailto:eholloway3@sbcglobal.net] Sent: Tuesday, July 29, 2008 10:36 AM To: marie.dugan@carkw.com; joni.bates@centerpointenergy.com; Jim Boyd Cc: 'James, Donna'; skhock@swbell.net; 'Brandi Frazer' Subject: FW: Cantrell Falls Plans for Public Works Submittal Hey Guys, Thank You so much for your help. The link is below and the Final plat is at the bottom of the page. You can open it and print from the HTML site, so if you can print and sign if you approve and then send to Donna James by e- mail or fax as quickly as possible that would be great and I will be in your debt. djamesoittlerock.org or fax:399-3435 Thanks, Eric Holloway From: Eric [mailto:eholloway3@sbcglobal.net] Sent: Tuesday, July 29, 2008 10:09 AM To: 'Floriani, Vince' Subject: FW: Cantrell Falls Plans for Public Works Submittal Vince, The below link has a Final Plat for Lot 1 attached. There is a push to close on this property and I would like to see if there is anything I can do such as hand carrying or whatever is needed to get approval for this final. Thanks, Eric http-,Itwvvw.hollowaAirm.com/CantrellFalls/ 7/29/2008