HomeMy WebLinkAboutS-1624-B Applicationci. jL1Dgof6i1,Q'Pi
When recorded return to:
Timothy W. Grooms, Esq.
Quattlebaum, Grooms, Tull & Burrow PLLC
111 Center Street, Suite 1900
Little Rock, Arkansas 72201
2009046487 Received: 7/9/2009 2:35:32 PM
Recorded: 07/09/2009 02:42:04 PM Filed &
Reecorded in Official Records of PAT O'BRIEPi.
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $85.00
,L,,151 111, 1111
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AMENDED AND RESTATED DECLARATION OF EASEMENTS WITH
COVENANTS AND RESTRICTIONS AFFECTING LAND
[Replacing that certain Declaration of Easements with Covenants and Restrictions
Affecting Land, dated May 27, 2009, recorded as Instrument No. 20090359401
THIS AMENDED AND RESTATED DECLARATION OF EASEMENTS WITH
COVENANTS AND RESTRICTIONS AFFECTING LAND (the "Declaration") is made
effective as of the 27th day of May, 2009, as a declaration by CHICOT NWA PROPERTIES,
LLC, an Arkansas limited liability company ("Grantor").
Grantor executed and recorded that certain Declaration of Easements with Covenants and
Restrictions Affecting Land (the "Original Declaration") dated May 27, 2009, recorded as
Instrument No. 2009035940 of the Official Records of the Circuit Clerk of Pulaski County,
Arkansas.
The legal descriptions attached to the Original Declaration contained a scrivener's error
resulting in an incorrect Section reference, and Grantor desires to correct the error by amending
and restating the Original Declaration in its entirety.
WITNESSETH:
Grantor is the owner of those certain tracts of land situated in the City of Little Rock,
Pulaski County, Arkansas, identified herein as Lot 1, Lot 2 and Lot 3 (singularly, a "Lot" and
collectively, the "Lots") more particularly depicted on the drawing attached hereto as Exhibit A
said tracts being more particularly described in Exhibits B-1, B=2, and B=3 attached hereto
(collectively, the "Shopping Center"). Lot 2 is to become a platted lot, simultaneous to the
recording of this instrument, and will upon platting with the City of Little Rock become
identified as Lot 2, CHICOT NWA, An Addition to the City of Little Rock, Arkansas.
WHEREAS, Grantor contemplates the sale of Lot 2 so that there may not be common
ownership of such tracts (as there now is);
WHEREAS, Grantor wishes to declare and reserve certain easement rights for the
benefit of Grantor and the current and future owners of the Shopping Center that will run with
and be appurtenant to said tracts and impose certain obligations and restrictions that will burden
and also run with the land; and
WHEREAS, Grantor desires and intends that no merger of rights occur because of
present common ownership or any future common ownership.
NOW, THEREFORE, for and in consideration of the premises, easements, covenants,
conditions, restrictions, and encumbrances contained herein, the sufficiency of which is hereby
acknowledged, the Grantor does hereby declare and reserve as follows:
1. Ingress. Egress, and Access Easements.
a. Grant of Easement. Grantor hereby grants and subjects the Shopping
Center to such nonexclusive ingress, egress, and access easements as are noted as such
easements, labeled the "Cross Access Easement," on Exhibit A, and more particularly described
on Exhibit C attached hereto, together with a twenty-five (25) foot wide easement upon and
across Lot 1, the exact location of which shall be determined by the Owner(s) of such Lot at the
time the Lot is formally platted (collectively, the "Access Easement Area"), which is for the
mutual non-exclusive benefit and use of Grantor and its successors and assigns, including the
owner, whether one or more persons or entities, of fee simple title to any Lot (an "Owner") and
their respective customers, employees, tenants, invitees and licensees for the purpose of
(i) vehicular ingress and egress over, upon and across the Access Easement Area, and (ii) normal
and reasonable vehicular and pedestrian ingress and egress to and from Lots 1, 2 and 3, the
Access Easement Area, Mabelvale Cut -Off Road, and Chicot Road (the "Access Easement").
Grantor expressly reserves unto itself, its successors and assigns, the right to use the Access
Easement Area located on its Lot for the benefit of such Lot. The Access Easement granted
herein shall burden Lots 1, 2 and 3, and benefit Lots 1, 2 and 3, and any portion thereof, and the
current and future owners of all or part each Lot, subject to the terms and conditions herein set
out, and to the restrictions described herein. The Access Easement shall not be extended to,
connect with, or otherwise benefit any parcels adjacent to the Shopping Center without the
express written consent of all Owners of the Lots.
b. Use of Access Easement Area.
(1) All utilization of the Access Easement by Grantor and its
successors and assigns must be related to use of the benefited Lot. The easements provided for
in this Declaration are subject to the rights of each Owner to use the Access Easement Area
located on its Lot for the benefit of such Lot; provided, however, (i) the Owners and their
respective agents, customers, invitees, licensees, tenants and employees are expressly prohibited
from parking within the Access Easement Area; and (ii) no Owner of a Lot subject to an
easement granted herein shall erect any barriers, fences, grade changes or other obstructions so
as to in any manner unreasonably restrict or interfere with the use and enjoyment by any of the
Owners of the rights and easements created by this Section.
(2) Each Lot Owner, and each of their tenants, licensees,
permitees, invitees, representatives, agents, employees, and the like shall have the right to enter
upon, cross over, and exit from the Access Easement Area at all times through the designated
access point or points (the "Access Points") as shown on Exhibit D. Notwithstanding anything to
the contrary contained in this Agreement, the Access Points may not be changed until approved
in writing by the Owners of the Lots sharing such Access Point. The Access Points shall in no
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event be blocked, closed, altered, changed, or removed and shall at all times remain in place as
shown on Exhibit D. There shall be maintained at the Access Points a smooth and level grade
transition to allow the use of a road or driveway for pedestrian and vehicular ingress and egress
between the Properties.
(3) The Owner or Owners of Lot 1 shall have the exclusive right to
determine the exact location of that portion of the Access Easement Area to be located within
Lot 1; however, the Owner or Owners of Lot 1 are prohibited from relocating the Access Points
without the express written approval of the Lot 2 Owner, not to be unreasonably withheld. The
foregoing notwithstanding, the Owner of all or any part of Lot 1 shall not have the right to locate
that portion of the Access Easement Area lying within its Lot in a manner which would
in interfere with or impede access to and from Lots 1, 2 and 3, Mabelvale Cut-off Road,
and Chicot Road. Upon determination of the exact location of the Access Easement Area lying
within Lot 1, the Lot Owners shall amend this Agreement to include, as an exhibit, the depiction
and description of such portion of the Access Easement Area lying within such Lot.
C. Maintenance of Access Easement Area. Each Owner shall have the
responsibility to maintain and repair the portion of the Access Easement Area lying within its
Lot in a condition reasonably consistent with the condition of said Access Easement Area as of
the date of installation, including maintaining the surfaces in a level, smooth and evenly -covered
condition with the type of surfacing material originally installed or such substitute as shall in all
respects be equal in quality, use, and durability, except to the extent of any maintenance or
repairs necessary as a result of the negligence of the other Lot Owner, or its tenants, licensees,
invitees, guests, successors or assigns.
2. Utility Easements. Grantor hereby grants and subjects the Lot 1, Lot 2, and Lot 3
to such nonexclusive utility easements, labeled on Exhibit A as a "Utility Easement" and more
particularly described as follows: (i) a fifteen (15) foot wide strip of land running North and
South, the center line of which is the common border between Lot 1 and Lot 2; (ii) a fifteen (15)
foot wide strip of land running parallel to Chicot Road, the center line of which is the common
border between Lot 2 and Lot 3; and (iii) a ten (10) foot wide strip of land running East and
West, parallel and adjacent the southern boundary of Lot 1, Lot 2, and Lot 3 (collectively the
"Utility Easement Areas"), which are for the mutual non-exclusive benefit and use of Grantor
and its successors and assigns, including each Owner of a Lot and the employees, licensees,
agents and independent contractors of each Owner, for the Purpose of installing, using,
constructing, laying, removing, replacing, relaying, enlarging, maintaining and operating
utilities, including storm drains, utilities and other proper services necessary for the orderly
development and operation of the Shopping Center, together with the right of ingress and egress
across such other portions of the Shopping Center as are reasonably necessary for the purpose of
using, constructing, inspecting, maintaining, repairing, removing, replacing, renewing, and
enlarging utility systems located or to be located within the Utility Easement Areas. The Lot
Owners are prohibited from erecting any buildings or structures on the Utility Easement Areas or
otherwise which will prevent reasonable access thereto by the other Lot Owners and their
employees, licensees, agents and independent contractors.
3. Use. Buildings in the Shopping Center shall be used for commercial purposes of
the type normally found in a mixed use office, restaurant and retail shopping center including,
without limitation, financial institutions, service shops, offices, retail stores, office buildings and
restaurants. No tattoo or piercing parlor, theater, bowling alley, skating rink, billiard parlor,
night club, or other place of recreation or amusement, any business exclusively selling alcoholic
beverages (expressly not to exclude location of restaurants), flea market, service station, truck
stop, automotive maintenance or repair facility (not including courtesy assistance such as
replacement of batteries or wiper blades), operation for the renting, leasing or selling of or
displaying for the purposes of renting, leasing or selling of any boat, motor vehicle or trailer,
school or training or educational facility (including without limitation, a beauty school, barber
college, reading room, place of instruction or any other operation catering primarily to students
or trainees as opposed to customers), car wash, or mortuary shall occupy space within the
Shopping Center. For purposes of this Section, a "restaurant" shall be defined as any operation
of business which requires a governmental permit, license and/or authorization to prepare and/or
serve food for either on or off site consumption. For purposes of this Section, a "place of
recreation or amusement" shall mean a use offering games, shows or other entertainment
activities unless such games, shows or activities are incidental to a permitted business activity
(provided, any games, shows or other entertainment activities involving gambling (whether for
money or other prizes) or "adult" activities, including without limitation any adult -type book
store, massage parlor, escort service, facility with nude (or partially nude, bathing suit -clad or
lingerie -clad) models or dancers or any establishment selling or exhibiting sexually explicit
materials, are expressly prohibited, even if incidental to a permitted business activity). The
restrictions contained in this Section shall not be amended without written consent of all Owners
of the remaining Lots within the Shopping Center. Any such requested consent may be withheld
in the absolute and sole discretion of Grantor or the Owners, as the case may be.
4. Enforcement.
a. In the event that an Owner fails to maintain or keep its Lot or a portion
thereof lying within the Access Easement Area in compliance with the terms and conditions of
this Declaration (the "Defaulting Owner"), an owner of the other Lots (the "Complaining
Owner") may make written demand upon the Defaulting Owner to immediately bring its
Property into compliance. In the event the Defaulting Owner fails to bring its Property into
compliance within thirty (30) days of delivery of the notice of default, or immediately in the
event of an emergency, the Complaining Owner shall have the right to enter the Defaulting
Owner's Lot for the purpose of bringing that Lot into compliance with the terms and conditions
of this Declaration, following which the Complaining Owner shall be promptly reimbursed by
the Defaulting Owner for all costs and expenses incurred in such maintenance, together with
interest thereon from the date such work is completed at the highest rate allowed by law.
b. Either Owner or their successors or assigns, shall have the right to proceed
at law or in equity to compel compliance with the terms and conditions hereof, to sue for and
recover damages, or to take all such courses of action at the same time, or such other legal
remedy they may deem appropriate. No delay or failure on the part of an aggrieved party to
initiate an available remedy set forth herein shall be held to be a waiver by that party or an
estoppel of that party or of any other party to assert any right available to such party upon the
recurrence or continuation of the violation or the occurrence of a different violation.
5. Indemnification/Insurance.
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a. Indemnification. Each Owner of a Lot shall indemnify and save all other
Lot Owners harmless from any and all liability, damage, expense, causes of action, suits, claims,
or judgments arising from personal injury, death, or property damage and occurring on or from
its own tract, except if caused by the act or neglect of the other Owner.
b. Insurance.
1. Each Owner of a Lot in the Shopping Center shall procure and
maintain in full force and effect throughout the term of this Declaration general public liability
insurance and property damage insurance against claims for personal injury, death or property
damage occurring upon, in or about its property, each party's insurance to afford protection to the
limit of not less than $500,000.00, for injury or death of a single person, and to the limit of not
less than $1,000,000.00 for any one occurrence, and to the limit of not less than $500,000.00 for
property damage. Each Owner of a Lot in the Shopping Center shall, upon written request,
provide the other Owner(s) of a Lot(s) with certificates of such insurance from time to time to
evidence that insurance is in force. Such insurance may be written by additional premises
endorsement on any master policy of insurance carried by the party which may cover other
property in addition to the property covered by this Declaration.
2. At all times during the term of this Declaration, each Owner of a
Lot(s) in the Shopping Center shall keep improvements on its property insured against loss or
damage by fire and other perils and events as may be insured against under the broad form of
Uniform Extended Coverage Clause in effect from time to time in the state in which the property
is located, with such insurance to be for the full replacement value of the insured improvements.
3. Each Owner of a Lot(s) in the Shopping Center for itself and its
property insurer hereby releases the other Owner(s) from and against any and all claims,
demands, liabilities or obligations whatsoever for damage to the other's property or loss of rents
or profits resulting from or in any way connected with any fire or other casualty whether or not
such fire or other casualty shall have been caused by the negligence or the contributory
negligence of the party being released or by any agent, associate or employee of the party being
released, this release being to the extent that such damage or loss is covered by the property
insurance which the releasing party is obligated hereunder to carry, or, if the releasing party is
not carrying that insurance, then to the extent such damage or loss would be covered if the
releasing party were carrying that insurance.
6. Eminent Domain.
a. Owner's Right to Award. Nothing herein shall be construed to give any
Owner of a Lot any interest in any award or payment made to any other Owner of a Lot in
connection with any exercise of eminent domain or transfer in lieu thereof. In the event of any
exercise of eminent domain or transfer in lieu thereof of any part of the Shopping Center, the
award attributable to the land and improvements of such portion so taken shall be payable only to
the Owner(s) of affected Lot(s) and no claim thereon shall be made by any other party.
b. Collateral Claims. Any Owner of a Lot(s) whose land is not taken may
file collateral claims with the condemning authority for its losses which are separate and apart
from the value of the land area and improvements taken from another Lot Owner.
C. Tenant's Claim. Nothing in this Section shall prevent a tenant from
making a claim against an Owner pursuant to the provisions of any lease between tenant and
Owner for all or a portion of any such award or payment, to the extent provided in such lease and
applicable law.
d. Restoration of Access Easement Area. The Owner(s) of each portion of
the Shopping Center condemned shall promptly repair and restore any affected portion of the
Access Easement Area on the Lot owned by such party as nearly as practicable to the condition
of same immediately prior to such condemnation or transfer, to the extent that the proceeds of
such award are sufficient to pay the cost of such restoration and repair and without contribution
from any other Owner.
7. Non -compete Use Restriction. Grantor covenants and agrees not to sell, lease,
rent or occupy, or allow to be leased, rented or occupied, any land now or hereafter owned by
Grantor or developed by Grantor or an affiliate of Grantor (for a third party), within a one (1)
mile radius of the boundaries of Lot 2, for the purpose of conducting business as, or for use as, a
Family Dollar Store, Bill's Dollar Store, Fred's, Dollar Tree, Dollar Zone, Variety Wholesale,
Ninety -Nine Cents Only, Denis, Dollar Bills, Bonus Dollar, Maxway, Super Ten, McCory's,
McCory's Dollar, Planet Dollar, Big Lots, Odd Lots, Walgreens, CVS, Rite Aid, or any
Wal-Mart concept. This covenant shall run with the land and shall be binding upon Grantor and
its affiliates and their respective successors, assigns and successors in title to any such land
owned, developed or acquired in the future within a one (1) mile radius of the boundaries of Lot
2, including Lot 1 and Lot 3.
8. Subdivision. So long as Grantor is an owner of Lot 1 or Lot 3, Grantor expressly
reserves the right to subdivide such Lots, in its sole and absolute discretion. The easements and
restrictions contained in this Declaration shall burden or benefit any and all subdivided portions
of Lot 1 and Lot 3.
9. Rights and Obl_igatigns of Lenders. If by virtue of any right or obligation set forth
herein a lien shall be placed upon the tract of any party hereto, such lien shall expressly be
subordinate and inferior to the lien of any first lienholder now or hereafter placed on such tract.
Except as set forth in the preceding sentence, however, any holder of a first lien on the Shopping
Center, and any assignee or successor in interest of such first lienholder, shall be subject to the
terms and conditions of this Declaration.
10. Release from Liability. Any person acquiring fee or leasehold title to the
Shopping Center or any portion thereof, shall be bound by this Declaration only as to the tract or
portion of the tract acquired by such person. In addition, such person shall be bound by this
Declaration only during the period such person is the fee or leasehold owner of such tract or
portion of the tract, except as to obligations, liabilities or responsibilities that accrue during said
period. Although persons may be released under this paragraph, the easements, covenants and
restrictions in this Declaration shall continue to be benefits and servitudes upon said tracts
running with the land.
11. Rights of Successors. The easements, restrictions, benefits and obligations
hereunder shall create mutual benefits and servitudes running with the land. This Declaration
shall bind and inure to the benefit of the parties hereto, their respective heirs, representatives,
6
lessees, successors and assigns. The singular number includes the plural and the masculine
gender includes the feminine and neuter.
12. Non -Merger. No merger of rights shall occur because of aforesaid ownership, but
instead the rights and easements granted herein shall benefit the present and future Owners of the
Shopping Center or a portion thereof as though there were not now, and never will be such
common ownership and shall be appurtenant to and run with said land.
13. Duration. Unless otherwise canceled, terminated or extended, this Declaration
and all the easements, rights and obligations hereof shall automatically terminate and be of no
further force and effect after ninety-nine (99) years from the date hereof.
14. Headings. The headings within this Declaration are inserted only as a matter of
convenience and for reference and in no way define, limit or describe the scope or intent of this
document nor in any way affect the terms and provisions hereof.
15. Entire A Bement. This Declaration constitutes the entire agreement between all
present and future Owner(s) of a Lot(s) in the Shopping Center, unless amended in the manner
required by this Declaration.
16. Amendment. Except as expressly provided otherwise herein, this Declaration
may not be modified in any respect whatsoever or terminated, in whole or in part, except with
the consent of all Owners of the Lots, such consent not to be unreasonably withheld. If more
than one person or entity is the Owner of a Lot, such Owners shall agree among themselves and
designate in writing to the Owners of each of the other Lots a single person who is entitled to
cast the vote for that Lot. If the owners of any such Lot cannot agree who shall be entitled to
cast the single vote of that Lot, or if the Owners fail to designate the single person who is entitled
to cast the vote for that Lot within thirty (30) days after receipt of request for same from any
Owner, then that Lot shall not be counted as a "negative" vote for any change or modification of
this Declaration.
[Signature Page Follows]
7
IN WITNESS WHEREOF, Grantor executed this Declaration the day and year first
written above.
CHICOT NWA PROPERTIES, LLC
an A*msas limited liability company
James P. Matthe*s
Authorized Member
SCHEDULE OF EXHIBITS
Exhibit A —
Depiction of Lots
Exhibit B-1
— Legal Description of Lot 1
Exhibit B-2
— Legal Description of Lot 2
Exhibit B-3
— Legal Description of Lot 3
Exhibit C —
Legal Description of Access Easement Area
Exhibit D —
Depiction of Access Points
STATE OF ARKANSAS )
) ss. ACKNOWLEDGMENT
COUNTY OF PULASKI )
On this day, before me, the undersigned, a Notary Public, duly commissioned, qualified
and acting within and for said County and State, appeared in person the within named James P.
Matthews, and being the person authorized to execute such instrument, stating his capacity in
that behalf, to me personally well known, who stated that he was an Authorized Member of
CHICOT NWA PROPERTIES, LLC, an Arkansas limited liability company and was duly
authorized to execute the foregoing instrument for and in the name and behalf of said company,
and further stated and acknowledged that he had so signed, executed and delivered said
foregoing instrument for the consideration, uses and purposes therein mention and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this4`'
day of ,ui 2009.
Notary Public
My Commission Expires:
ALILE HICKS
I) Pulaski County
My Cornmission Expires
Eobruary 1, 2012
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EXHIBIT A — Page 1 of 2
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EXHIBIT A — Page 2 of 2
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THIS PUT OCR"EM AND R$-RELOR(' r WE TO All
ERROR IN THE lC1•.,l RSCRPtVI ON THE DRIGIVA W PLAT RECORDED /S STR. 8 MM34977, IMY 27. 2009.
CORRL CTED PLAT OF
LOT 2
CHICOT NWA
AN ADDITION TO THE CITY OF
LITTLE ROCK ARKANSAS
OEING PAW OF THE NW1!4 NWI/n
SECTKIN 12
I-1-S. R-13-W
PUTASKI COUNTY, ARKANSPS
JULY• 2009
�IRa�Y �> wyatK
.1 w tFr
EXHIBIT B-1
LEGAL DESCRIPTION OF LOT 1
PART OF THE N1/2 NW1A NW1A NW1A OF SECTION 12, T-1-S, R-13-W,
LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID N1/2 NW1/4 NW1/4 NW1/4;
THENCE S01032'55"W, 45.91 FT. TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
MABELVALE CUT-OFF ROAD; THENCE S01032'55"W, 284.06 FT. TO A FOUND 5/8"
REBAR; THENCE N88°10'12"W, 442.25 FT. TO THE POINT OF BEGINNING; THENCE
CONTINUE N88010'12"W, 181.04 FT. TO A POINT ON THE EAST RIGHT-OF-WAY LINE
OF CHICOT ROAD; THENCE N20°11'37"E ALONG SAID EAST RIGHT-OF-WAY LINE,
31.78 FT.; THENCE N01°51'38"E CONTINUING ALONG SAID EAST RIGHT-OF-WAY
LINE, 230.08 FT.; THENCE NORTHEASTERLY CONTINUING ALONG SAID EAST
RIGHT-OF-WAY LINE BEING THE ARC OF A 20.00 FT. RADIUS CURVE TO THE
RIGHT, A CHORD BEARING AND DISTANCE OF N46048'58"E, 28.22 FT. TO A POINT
ON THE SOUTH RIGHT-OF-WAY LINE OF MABELVALE CUT-OFF ROAD; THENCE
S88021'42"E ALONG SAID SOUTH RIGHT-OF-WAY LINE, 118.85 FT.; THENCE
N89046'36"E CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, 31.26 FT.;
THENCE S01039'03"W, 281.74 FT. TO THE POINT OF BEGINNING, CONTAINING 47,905
SQ. FT. OR 1.0997 ACRES MORE OR LESS.
EXHIBIT B-2
LEGAL DESCRIPTION OF LOT 2
PART OF THE N1/2 NW1/4 NWIA NW1/4 OF SECTION 12, T-1-S, R-13-W,
LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID N1/2 NWIA NW1/4 NW1/4;
THENCE S01032'55"W, 45.91 FT. TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
MABELVALE CUT-OFF ROAD; THENCE S01°32'55"W, 284.06 FT. TO A FOUND 5/8"
REBAR; THENCE N88010'12"W, 296.00 FT. TO THE POINT OF BEGINNING; THENCE
N88°10'12"W, 146.25 FT.; THENCE N01°39'03"E, 281.74 FT. TO A POINT ON THE SAID
SOUTH RIGHT-OF-WAY LINE OF MABELVALE CUT-OFF ROAD; THENCE N89°46'36"E
ALONG SAID SOUTH RIGHT-OF-WAY LINE, 28.49 FT.; THENCE S88°20'57"E ALONG
SAID SOUTH RIGHT-OF-WAY LINE, 117.77 FT.; THENCE S01°39'03"W, 283.13 FT. TO
THE POINT OF BEGINNING, CONTAINING 41,361 SQ. FT. OR 0.9495 ACRES MORE OR
LESS.
EXHIBIT B-3
LEGAL DESCRIPTION OF LOT 3
PART OF THE N1/2 NW1/4 NWI/4 NWIA OF SECTION 12, T-1-S, R-13-W,
LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID N1/2 NWIA NWI/4 NWI/4;
THENCE S01032'55"W, 45.91 FT. TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE
OF MABELVALE CUT-OFF ROAD AND THE POINT OF BEGINNING; THENCE
CONTINUE S01032'55"W, 284.06 FT. TO A FOUND 5/8" REBAR; THENCE N88°10'12"W,
296.00 FT.; THENCE N01°39'03"E, 283.13 FT. TO A POINT ON THE SAID SOUTH RIGHT-
OF-WAY LINE OF MABELVALE CUT-OFF ROAD; THENCE S88°20'57"E ALONG SAID
SOUTH RIGHT-OF-WAY LINE, 295.48 FT. TO THE POINT OF BEGINNING,
CONTAINING 83,869 SQ. FT. OR 1.9254 ACRES MORE OR LESS.
EXHIBIT C
LEGAL DESCRIPTION OF ACCESS EASEMENT AREA
LEGAL DESCRIPTION
CROSS ACCESS EASEMENT
PART OF THE N1/2 NW1/4 NW1/4 NW1/4 OF SECTION 12, T-1-S, R-13-W,
LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID N1/2 NW1/4 NW1/4 NW1/4;
THENCE S01'32'55"W, 45.91 FT. TO A POINT ON THE SOUTH RIGHT-OF-WAY
LINE OF MABELVALE CUT-OFF ROAD; THENCE S01'32'56'W, 284.06 FT. TO A
FOUND 5/8" REBAR; THENCE N88'10'12'°W, 442.25 Ff.; THENCE N01'39'03"E,
281.74 Fr. TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF MABELVALE
CUT-OFF ROAD; THENCE N8T46'36E ALONG SAID SOUTH RIGHT-OF-WAY
LINE, 28.49 FT.; THENCE S88'20'57 E ALONG SAID SOUTH RIGHT-OF-WAY
LINE, 99.77 FT. TO THE POINT OF BEGINNING; THENCE CONTINUING S88'2D'57"E
ALONG SAID SOUTH RIGHT-OF-WAY LINE, 36-00 FT.; THENCE S01'39'03"W,
236.00 FT.; THENCE N88'20'57'W, 36.00 FT.; THENCE N01'39'03"E, 170.00 FT.;
THENCE N88'20'57�W, 128.25 FT.; THENCE ND1'39'03'E, 25.00 FT.; THENCE
S88'20'57" E, 128.25 Fr.; THENCE N01'39'03" E, 41.00 FT. TO THE POINT OF
BEGINNING, CONTAINING 11,732 SQ. Fr. MORE OR LESS.
EXHIBIT D
DEPICTION OF ACCESS POINTS
S88.21 '42" E
N89.46'36" E
--
118.85'
31.26'
28.49'
I
3" E
�� !8
•
, f
H
ACCESS PflIFtTS
^
LOT 1
I
UNRECORDED
47,905 SO FT./ 1.0997 AC.
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C01Rh'C7_FO YLA'f_OF
LOT 2
b CHICOT NW:A
AN AUNTION TO THE CITY OF
'_' G77f.S ROCK.. ARKANSAS
i WERE
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2009046488 Received: 7/9/2009 2:35:33 PM
Recorded: 07/09/2009 02:42:05 PM Filed &
Recorded in Official Records of PAT O'BRIEN
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $25.00
PREPARED BY AND RETURN
FILED OR RECORDED COPY TO:
Timothy W. Grooms, Esq.
QUATTLEBAUM, GROOMS,
TULL & BURROW PLLC
111 Center Street, Suite 1900
Little Rock, Arkansas 72201
501-379-1700
CORRECTED BILL OF ASSURANCE
[To correct the legal description contained in the
Bill of Assurance recorded as Instrument No. 2009034976, May 27, 2009.1
KNOW ALL MEN BY THESE PRESENTS:
.;Ire'►,
V
THAT WHEREAS, the Chicot NWA Properties LLC, hereinafter called "Grantor," is the
owner of the following described property:
LEGAL DESCRIPTION
LOT 2
PART OF THE N1/2 NW1/4 NW1/4 NW1/4 OF SECTION 12, T-1—S, R-13—W,
LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID N1/2 NW1/4 NW1/4 NW1/4;
THENCE S01'32'55"W, 45.91 FT. TO A POINT ON THE SOUTH RIGHT—OF—WAY
LINE OF MABELVALE CUT—OFF ROAD; THENCE S01'32'55"W, 284.06 FT. TO A
FOUND 5/8" REBAR; THENCE N861012"W, 296.00 FT. TO THE POINT OF BEGINNING;
THENCE N8910' 12"W, 146.25 FT.; THENCE N01'39'O3" E, 281.74 FT. TO A
POINT ON THE SAID SOUTH RIGHT—OF—WAY LINE OF MABELVALE CUT—OFF ROAD;
THENCE N89'46'36"E ALONG SAID SOUTH RIGHT—OF—WAY LINE, 28.49 FT.;
THENCE S88'20'57" E ALONG SAID SOUTH R1GHT—OF—WAY LINE, 117.77 FT.;
THENCE S01'39'OYW, 283.13 FT. TO THE POINT OF BEGINNING, CONTAINING
41,361 SO- Fr. OR 0.9495 ACRES MORE OR LESS.
NOW, THEREFORE, the Grantor has caused the land to be surveyed by White-Daters &
Associates, Inc., and a plat made thereof, identified by the title "Corrected Plat of Lot 2, Chicot
NWA, An Addition to the City of Little Rock, Arkansas." The plat bears the signatures and seal
of Timothy E. Daters, Registered Professional Engineer, Paul M. White, Registered Land
Surveyor, the signature of the Grantor, bears a Certificate of Approval executed by the Little Rock
Bill of Assurance — Lot 2, Chicot NWA Page 1
Planning Commission, and is filed for record as Plat #2009gk in the Records of the Circuit
county Clerk of Pulaski County, Arkansas.
The filing of the plat for record shall constitute a complete and valid delivery of any and all
easements and rights -of -way shown on the Plat.
The lands embraced in the plat shall be forever known as Lot 2, Chicot NWA, An Addition
to the City of Little Rock, Arkansas, and every deed of conveyance shall bear the lot designations
as indicated on the plat.
Use of the property described herein is subject to all applicable Building Codes and Zoning
and Subdivision Ordinance regulations for the City of Little Rock and pertaining to the current
zoning classification of the subject lot.
WITNESS the signature of the Grantor effective the 27th day of May, 2009
CHICOT NWA PROPERTIES, LLC
an Arkansas limited liability company
BKy.y,.-,. ,dJames A Matthews
Title: Manager
e•
APPROVED:
CITY OF LITTLE ROCK ARKANSAS PLANNING COMMISSION
By:
r
Print Name:, ,
Title:
Date:
Reviewed only for inclusion of minimum standards
required by the city of Little Rock subdivision regulations.
Bill of Assurance provisions established by the
developer may exceed minimum regulations of the
Little Rock subdivision and zoning ordinances.
Bill of Assurance — Lot 2, Chicot NWA Page 2
STATE OF ARKANSAS )
) ss. ACKNOWLEDGMENT
COUNTY OF PULASKI )
On this day, before me, the undersigned, a Notary Public, duly commissioned, qualified
and acting within and for said County and State, appeared in person the within named JAMES A.
MATTHEWS, and being the person authorized to execute such instrument, stating his capacity in
that behalf, to me personally well known, who stated that he is the Manager of CHICOT NWA
PROPERTIES, LLC, an Arkansas limited liability company and was duly authorized to execute
the foregoing instrument for and in the name and behalf of said company, and further stated and
acknowledged that he had so signed, executed and delivered said foregoing instrument for the
consideration, uses and purposes therein mention and set forth.
1N TESTIMONY WHEREOF, I have hereunto set my hand and official seal this
day of .2009.
Notary Public
My Commission Expires:
auCE HICKS
Pulaski County
My Commission Expires
February 1, 2012
Bill of Assurance — Lot 2, Chicot NWA Page 3