HomeMy WebLinkAboutS-1651 Application2010010720 Receiver: 212612010 2:34:40 PNl
Recorded: 02/26/2010 02:37:38 PM Filed 8
Recorded in Official Records of PAT O'BRKEN
_ PULASKI COUNTY CIRCUITICOUNTY CLERK{
Fees $45,00
This instrument prepared by:
HAL JOSEPH KEMP, P.A.
Attorney at Law
111 Center Street, Suite 1300 v' ^1
Little Rock, Arkansas 72201 ds �� ���— r V I oo
Phone - (501) 372-7243
BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
•'v3Pa a i �'
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THAT WHEREAS, Jane J. Swope, an unmarried person, hereinafter referred to as
the "Allottor", is the owner of the following described lands in the County of Pulaski,
State of Arkansas, to -wit:
LOT 1, UNION NATIONAL ADDITION TO THE CITY OF LITTLE ROCK, PULASKI
COUNTY, ARKANSAS
AND
A TRACT OF LAND LOCATED IN THE NW '/4 OF THE SE '/a OF SECTION 26, T-2-
N, R-13-W, MORE PARTICULARLY DESCRIBED AS FOLLOWS: STARTING AT
THE NORTHEAST CORNER OF THE E %2 S % NW '/4 SE '/4 OF SAID SECTION 26;
THENCE N69055'30"W ALONG THE SOUTH LINE OF TRACT "B", CANTRELL
HEIGHTS COMMERCIAL SUBDIVISION TO THE CITY OF LITTLE ROCK,
ARKANSAS, 246.70 FT TO THE POINT OF BEGINNING OF THE TRACT OF
LAND DESCRIBED HEREIN. THENCE S27051'30"W, 157.25 FT TO A POINT 40
FT. NORTH OF THE CENTER LINE OF ARKANSAS STATE HIGHWAY NO. 10;
THENCE N620 33'30"W ALONG A LINE 40 FT. NORTH OF AND PARALLEL
WITH THE CENTER OF SAID HIGHWAY NO. 10, 46.45 FT. TO A POINT ON THE
SOUTH LINE OF SAID TRACT "B" (SAID CORNER BEING ON THE NORTH
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hjk\realty\S wopeBillofAs suranceUnionNationalAddnBA
Bill of Assurance
RIGHT-OF-WAY LINE OF SAID HIGHWAY NO. 10), THENCE N27°53' 18"E
ALONG SAID SOUTH LINE, 151.25 FT.; THENCE S69°55'30"E AND CONTINUING
ALONG SAID SOUTH LINE 46.80 FT. TO THE POINT OF BEGINNING; and,
AND WHEREAS, it is desirable that all of the above described property be platted
into lots.
NOW THEREFORE,
WITNESSETH:
That the said Allottor, for and in consideration of the benefits to accrue to her, her
heirs, successors and assigns, which benefits she acknowledges to be of value, has caused
said tract of land hereinabove described to be surveyed and a plat (hereinafter referred to
as the "Plat") made thereof by Paul M. White, a Professional Land Surveyor, License
Number 1281, and Timothy E. Daters, a Professional Engineer, License Number 5033,
said plat bearing the signature of the said Surveyor and Engineer and being of record in
the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in
Plat 2 n/•- o / 7 z/ and the Allottor does hereby make this Bill of Assurance.
IN FURTHERANCE THEREOF, Allottor warrants and represents that she has
laid off, replatted and subdivided, and does hereby lay off, replat and subdivide the lands
herein described, in accordance with the aforesaid plat. The lands embraced in said plat
shall be forever known as:
Lots 1 R and 2, Union National Addition, an Addition to the
City of Little Rock, Pulaski County, Arkansas;
and any and every deed of conveyance of said Lots describing the same by the lot number
shown on said Plat shall always be deemed a sufficient description thereof.
There are strips of ground shown and dimensioned on said Plat marked as and
herein referred to as "Easement". Allottor hereby grants to and for use of any municipal
corporation or other governmental or public agency and to utility departments and other
providers of utilities to the Lots in the Addition and to the Owners of the Lots and their
collective heirs, successors and assigns forever, a non-exclusive perpetual easement on,
over, across and under the Easement, appurtenant to the Lots, for the purpose of
providing, installing, maintaining, operating, repairing and replacing any and all manner
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Bill of Assurance
of utilities and utility services and for drainage purposes, including but not limited to,
installation, construction, maintenance, operation, repair and replacement of any facilities
and structures related thereto, each such use being subject at all times to the proper
authorities and to the provisions hereof; PROVIDED, HOWEVER, from the grant
aforesaid, the Allottor reserves for herself, the Owners and their heirs, successors and
assigns forever the right to use, occupy and enjoy the Easement shown on the Plat for any
and all purposes, including but not limited to, parking and or landscaping, so long as said
uses, occupancy and enjoyment do not unreasonably interfere with the use thereof by any
utility provider or municipal corporation or other governmental or public agency.
There are strips of ground shown and dimensioned on said Plat marked as and
herein referred to as 'Driveway Access Easement". Allottor hereby grants to the Owner of
each Lot in the Addition a non-exclusive perpetual reciprocal easement for ingress and
egress by vehicular and pedestrian traffic on, over and across the Driveway Access
Easement as shown on the Plat as an easement appurtenant to each Lot in the Addition for
the use and benefit of each Lot Owner and their tenants, licensees, agents, employees,
servants, invitees, guests, successors, heirs and assigns. Each Lot Owner covenants and
agrees with the other Lot Owner to maintain, repair and keep unobstructed and accessible
the portion of Driveway Access Easement on their respective Lot.
For purposes of this Bill of Assurance, the Allottor intends that any word contained
herein shall be read as the singular or the plural and as the masculine, feminine or neuter
gender as may be applicable in the particular context and that the following words shall
have the meanings attributed to them below:
(i) "Addition" means Union National Addition, an Addition to the City of Little
Rock, Pulaski County, Arkansas as shown on the Plat.
(ii) "Lot "or "Lots" means any Lot or Lots shown on the Plat by number or other
comparable designation.
(v) "Owner" means the record title holder. whether one or more, persons or entities,
of fee simple title to any Lot, but excluding any person or entity merely holding a lien on
or security interest in a Lot. So long as the Allottor owns a Lot the term "Owner" shall
include the Allottor unless in the context of the use of the term a contrary intention as to
its meaning is expressed.
All Owners of a Lot, and all persons, natural and artificial, claiming an interest in any
Lot, shall take their titles subject to the grants, rights, conditions, retainage, privileges and
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hjk\realty\SwopeBillofAssuranceUnionNadonalAddnBA
Bill of Assurance
reservations herein contained, including but not limited to, the Easement and the
Driveway Access Easement shown on the Plat.
The Lots in this Addition shall be sold or conveyed by the Allottor and shall be
purchased, acquired, owned, possessed, held and occupied by the Owners subject to the
terms, conditions covenants, restrictions and provisions set forth above and as follows,
each of which and all of which shall be covenants running with the title to said Lots, and
shall be binding upon any Owner and their respective heirs, successors and assigns
forever, in order to maintain the Lots as desirable and in conformity with the assurances
herein made, to -wit:
ARTICLE I
LAND USE
No activity shall be conducted on any Lot except in conformity with applicable
ordinances of the City of Little Rock, Arkansas.
ARTICLE II
PROPERTY LINES AND BOUNDARIES
Iron pins have been set on all lot corners and points of curve, and all lot dimensions
shown on curves are chord distances, and all curve data as shown on the attached plat are
centerline curve data. In the event of minor discrepancies between the dimensions or
distances as shown on the attached plat and the actual dimensions or distances as
disclosed by the established pins, the pins as set shall control.
ARTICLE III
RIGHT TO ENFORCE
Each Owner of any Lot by acceptance of a deed therefore, whether or not
it shall be so expressed in such deed, is deemed to covenant and does hereby covenant, as
a covenant running with the Lot, and agree to fully abide by and comply with the terms,
covenants, restrictions and provisions set forth herein. Hence the terms, restrictions,
covenants and provisions herein set forth shall run with the Lots and shall bind the
present owner, their heirs, successors and assigns and any person, natural or artificial,
hereinafter owning any of the Lots. Allottor and any Owner of any of the Lots in the
Addition shall have the right to sue for and obtain an injunction, prohibitive or
mandatory, to prevent the breach or to enforce the observance of, the restrictions above
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hjk\realty\SwopeBillofAssuranceUnionNad onalAddnBA
Bill of Assurance
set forth, in addition to any ordinary legal action for damages and the prevailing party or
parties shall be entitled to recover the costs of litigation whether at law or in equity,
including any attorney's fees, all as the Court may set. The failure of Allottor or any
Owner of any of the Lots to enforce any of the terms, provisions, covenants or restrictions
hereby set forth at the time of its violation, shall, in no event, be deemed to be a waiver of
the right to do so thereafter.
ARTICLE IV
MODIFICATION OF RESTRICTIONS
Notwithstanding any provision, restriction or covenant herein contained to the
contrary, so long as the Allottor owns any Lot in the Addition any and all of the terms,
conditions, covenants, provisions and restrictions set forth herein may be amended,
modified, extended, changed or canceled, in whole or in part by the Allottor alone, in
Allottor's discretion, by a written instrument signed and acknowledged solely by the
Allottor. Alternatively, any and all of the terms, conditions, covenants, provisions and
restrictions set forth herein may be amended, modified, extended, changed or canceled, in
whole or in part, by a written instrument signed and acknowledged by any Owners,
including the Allottor, owning at least 51 % of the Lots of the Addition as the Addition is
then platted, PROVIDED, HOWEVER, for so long as the Allottor owns any Lot in the
Addition, any such amendment, modification, extension, change or cancellation, in order
to be effective and enforceable, must be approved and consented to in writing by Allottor,
such approval to be in the sole discretion of the Allottor. The provisions of any such
instrument so executed shall be binding from and after the date it is duly filed for record
in Pulaski County, Arkansas. Each term, condition, covenant, restriction and provision in
this Bill of Assurance, unless expressly provided otherwise, shall remain in full force and
effect until January 1, 2045.
ARTICLE V
EXTENSION
All terms, provisions, restrictions and covenants herein contained for which
extension is not otherwise provided in this instrument shall automatically be extended for
successive periods of ten (10) years each, unless modified, terminated or canceled as
provided herein.
ARTICLE VI
ASSIGNMENT AND BINDING EFFECT
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hjkkealty\SwopeBitl ofAssuranceUnionNationalAddnBA
Bill of Assurance
Allottor expressly reserves the right to assign in writing the Allotter's rights and
obligations hereunder to another person, natural or artificial; provided, however, such
other person shall only succeed to the rights and obligations of the Allottor upon
recordation of such an assignment executed by the Allottor which expressly and
specifically assigns the Allotter's rights and obligations hereunder and a conveyance of
the land platted hereby will not be deemed such an assignment to the purchaser thereof
unless the same expressly so provides.
ARTICLE VII
SEPARABILITY
Invalidation of any restriction set forth herein, or any part thereof by an Order,
Judgment or Decree of any court, or otherwise, shall not invalidate or affect any of the
other restrictions, or any part thereof as set forth herein, but they shall remain in full force
and effect.
EXECUTED this day of r,(--,r,7 90 Fr-fe , 2010.
ALLOTTOR:
it J. Swope
rcr Inc�:.s:an o! minirr:"1
Reviewed on. `n 9U10'o
rsquire& by the City rf Uwe Rcs subdixiai '0 _ r.
Ei!i cf AssurGri rru:is .. e;:='a!:.lisl .s Gt ,
s!arreloper roa; ok�'•E� =ir.•.r�;e::-� onS t th
a
Li#}e Rc'Ccaubdi+jis;ort er d -Zoning ordinanws.
1Gi&_
0jttle Rock Planninq Commission
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hjk\realty\SwopeBillofAssuranceUnionNationalAddnBA
Bill of Assurance
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
A
COUNTY OF PULASKI)
On this day of February, 2010, before me a Notary Public, duly
commissioned, qualified and acting, within and for the County of Clark and State
Arkansas, appeared in person the within named Jane J. Swope, an unmarried
person, to me personally well known, who stated and acknowledged that she had
signed, executed and delivered said foregoing instrument for the consideration,
uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal on
this a6 l k day of February, 2010.
My Commission Expires:
a-3-*L0I
TANIARA WL GUFFEY
NOTARY PUBL`C ARKAAISAS
SALIMa E.".09. N Y
SAY COMMISSION EXPIRES: 2-3-2014
—%—
hjkkealty\SwopeBillofAssuranceUnionNationalAddnBA
Notary Public
Page 1 of 2
Paul White
From: Brian Dale [bdale@whitedaters.com]
Sent: Monday, February 22, 2010 2:41 PM
To: pwhite@whitedaters.com
Subject: FW: Unmion National Addition - Final Plat
Attachments: Temp06933.PDF
See below.
B
From: Jim Boyd [mailto:jim.boyd@lrwu.com]
Sent: Monday, February 22, 2010 2:26 PM
To: 'James, Donna'
Cc: 'Brian Dale'
Subject: FW: Unmion National Addition - Final Plat
LRW has no objection to the filing of this final plat. Sewer is available to both Lots.
James Boyd, P.E.
Engineering Supervisor
Little Rock Wastewater
#11 Clearwater Drive
Little Rock, AR 72204
Office 501-688-1414
Mobile 501-352-0390
email jim.boyd@lrwu.com
From: Brian Dale [mailto:bdale@whitedaters.com]
Sent: Monday, February 22, 2010 12:13 PM
To: Jim Boyd
Subject: RE: Unmion National Addition - Final Plat
Jim,
Paul asked me to forward you the attached.
B
From: Jim Boyd [mailto:jim.boyd@lrwu.com]
Sent: Friday, February 19, 2010 2:32 PM
To: 'Brian Dale'
Subject: RE: Unmion National Addition - Final Plat
Brian,
I cannot sign off on plat unless I can plot it in relation to our sewer mains which means I need PAGIS
coordinates on plat.
James Boyd, P.E.
Engineering Supervisor
Little Rock Wastewater
#11 Clearwater Drive
Little Rock, AR'72204
Office 501-688-1414
Mobile 501-352-0390
email jim.boyd@lrwu.com
2/24/2010
Page 1 of 2
Paul White
From: Brian Dale [bdale@whitedaters.com]
Sent: Monday, February 22, 2010 8:20 AM
To: pwhite@whitedaters.com
Subject: FW: Fw: Union National Addition - Final Plat
CAW approves.
B
From: Blake.Weindorf@CArkW.com[mai Ito: Bla ke.Wei ndorf@CArkW.com]
Sent: Monday, February 22, 2010 8:02 AM
To: James, Donna
Cc: bdale@whitedaters.com
Subject: Re: Fw: Union National Addition - Final Plat
No Objections.
Please let me know if I may be of further assistance.
Thanks,
Blake F. Weindorf, P.E.
Senior Engineer
Central Arkansas Water
501.377.1224
501.210.4980 (fax)
blake.weindorf@carkw.com
From: Marie Dugan/CAW
To: Blake Weindorf/CAW@CAW
Date: 02/19/2010 04:26 PM
Subject: Fw: Unmion National Addition - Final Plat
----- Forwarded by Marie Dugan/CAW on 02/19/2010 04:26 PM -----
Unmion National Addition - Final Plat
Brian 'Chris Keathley', 'Jim Boyd', 'Joni Bates', 'Marie Dugan', 'Theodis 02/19/2010 02:24
Dale to. Thompson' PM
Cc: pwhite, "'James, Donna"', Jwhite, "'Harper, Vance"', "'Floriani, Vince
2/24/2010
Page 1 of 1
Paul White
From: Brian Dale [bdale@whitedaters.com]
Sent: Tuesday, February 23, 2010 9:08 AM
To: pwhite@whitedaters.com; 'James, Donna'
Subject: FW: Unmion National Addition - Final Plat
Attachments: 100223-083733. pdf
Entergy Approval is attached.
B
From: THOMPSON, THEODIS [mailto:TTHOMPI@entergy.com]
Sent: Tuesday, February 23, 2010 8:41 AM
To: Brian Dale
Subject: RE: Unmion National Addition - Final Plat
Brian,
Please see attachment.
Theodis
-----Original Message -----
From: Brian Dale [mailto:bdale@whitedaters.com]
Sent: Friday, February 19, 2010 2:34 PM
To: 'Chris Keathley'; 'Jim Boyd'; 'Joni Bates'; 'Marie Dugan'; THOMPSON, THEODIS
Cc: pwhite@whitedaters.com; 'James, Donna'; Jwhite@whitedaters.com; 'Harper, Vance';
'Floriani, Vince'
Subject: Unmion National Addition - Final 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 February 26,
2010. The City of Little Rock now requires a sign -off from every utility company before the
plat can be recorded. If you have any questions, please contact us as soon as possible in order
to expedite the process.
We appreciate your timely response.
Sincerely,
Brian Dale
2/25/2010
Page 1 of 1
Paul White
From: Brian Dale [bdale@whitedaters.com]
Sent: Monday, February 22, 2010 11:10 AM
To: pwhite@whitedaters.com
Subject: FW: Unmion National Addition - Final Plat
See below ?
0
From: KEATHLEY, CHRIS (ATTSWBT) [mailto:ck0826@att.com]
Sent: Monday, February 22, 2010 10:56 AM
To: Brian Dale
Subject: RE: Unmion National Addition - Final Plat
Brian.... what's up with the easement through the middle of the lot? CK�� Q�LJ
Chris Keathley
Manager 05P Ping & Eng Osgn
501.373.6594
From: Brian Dale [mailto:bdale@whitedaters.com]
Sent: Friday, February 19, 2010 2:34 PM
To: KEATHLEY, CHRIS (ATTSWBT); 'Jim Boyd'; 'Joni Bates'; 'Marie Dugan'; 'Theodis Thompson'
Cc: pwhite@whitedaters.com; 'James, Donna'; Jwhite@whitedaters.com; 'Harper, Vance'; 'Floriani, Vince'
Subject: Unmion National Addition - Final 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 February 26, 2010. The City of Little Rock now
requires a sign -off from every utility company before the plat can be recorded. If you have any
questions, please contact us as soon as possible in order to expedite the process.
We appreciate your timely response
Sincerely,
Brian Dale
2/26/2010
Page 1 of 1
Brian Dale
From: Bates, Joni B. goni.bates@centerpointenergy.com]
Sent: Monday, February 22, 2010 4:22 PM
To: Brian Dale
Subject: RE: Unmion National Addition - Final Plat
Approved
From: Brian Dale [mailto:bdale@whitedaters.com]
Sent: Friday, February 19, 2010 2:34 PM
To: 'Chris Keathley'; 'Jim Boyd'; Bates, Joni B.; 'Marie Dugan'; Theodis Thompson'
Cc: pwhite@whitedaters.com; 'James, Donna'; Jwhite@whitedaters.com; 'Harper, Vance'; 'Floriani, Vince'
Subject: Unmion National Addition - Final 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 February 26, 2010. The City of Little Rock now
requires a sign -off from every utility company before the plat can be recorded. If you have any
questions, please contact us as soon as possible in order to expedite the process.
We appreciate your timely response
Sincerely,
Brian Dale
2/26/2010
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME —UNION NATIONAL ADDITION
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.
Engineering Specialist Date:
ADDRESSING SPECIALIST'S REPORT
I have reviewed the plat and find that the street names and street configuration are acceptable.
Addressing Specialist Date:
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:
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.
Ix All other requirements for final plat approval have been satisfied. �2—z,
Civil Engineer I/II Date:2 /Io
SURVEYOR'S REPORT
I have reviewed the plat and find that:
All requirements for final plat approval have been satisfied.
Surveyor
MANAG PPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
Date:
Design Review Engineer/Civil Engineering Manager
February 2007
Date: ') 22—" C)
Page 1 of 1
James, Donna
From: Floriani, Vince
Sent: Saturday, February 20, 2010 8:32 PM
To: Joe White, Jr.
Cc: James, Donna
Subject: RE: Replat at Cantrell & Foxcroft
Public Works will not require ROW dedication. We do suggest access easement be platted for both properties.
Vince
From: Joe White, Jr. [mailto:jwhite@whitedaters.com]
Sent: Fri 2/19/2010 3:22 PM
To: Floriani, Vince
Cc: James, Donna
Subject: Replat at Cantrell & Foxcroft
Vince,
You and I met last Friday on several items. I'm working on the replat on the bank and Kitchen/Bath buildings.
The owner wants to do a replat before she leases the bank again.
We talked about giving additional right-of-way, but you told me the City could not require it based on a similar
case down the street. Currently, there is a 5 lane road in front of this property. If we require additional right of
way, it will eliminate the banks front parking spaces.
Could you please confirm this with Donna? We are working on the getting the replat filed before the end of next
week.
Thanks
Joe
2/22/2010
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FOXCROFT ROAD
�._.---- (60' R/W)
City of Little Rock
Planning and Development
Filing Fees
Date 20
Annexation
$
Board of Adjustment
$
Cond Use Permit/T U P
$
Final Plat
$
Planned Unit Dev
$
Preliminaiy Plat
$
F
Special Use Permit
Rezoning
Site Plans
$
Street Name Change
$
Street Name Signs
CITY C-i
C�i
Number at ea
$
Public Hearing Signs
Number at ea
$
Total $
File No
Location
Applicant
By