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BILL OF ASSURANCE
AA Development at Midtown, Inc. )
To: The Public )
KNOWN ALL MEN BY THESES PRESENT:
2010051759 Received: 8/24/2010 12:46:08 PM
Recorded: 08/24/2010 12:49:55 PM Filed &
Recorded in Official Records of PAT O'BRIEN,
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $35.00
WHEREAS, St. Mark Baptist Church, Inc. ("St. Mark") and AA Development at
Midtown, Inc. ("AA Development") (collectively, the "Owners") are the sole owners of certain
properties located in Blocks 5 and 6 of the Perry Heights addition to the City of Little Rock,
Pulaski County, Arkansas and more particularly described in Exhibit A attached hereto and
incorporated herein (the "Property");
WHEREAS, the Owners wish to provide for certain construction improvements to the
Property in accordance with an agreed general plan of development;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the
benefits to accrue to the Owners and their successors and assigns, and other good and valuable
consideration, the Owners make this Bill of Assurances this day of _ 2010:
1. The Owners have caused the Property to be replatted and subdivided as reflected
in the plat prepared by Crafton, Tull, Sparks & Associates, Inc., which is titled "Final Plat of
Lots 1 and 2, Mid -Town at Fair Park" and dated under the signature of said
engineer and the Owners and bearing a certificate of approval by the Little Rock Planning
Commission (the "Plat"). The Owners have caused the Plat to be recorded in the Office of the
Circuit Clerk and ex-officio Recorder of Pulaski County, Arkansas, in Plat Book
2,6100 S/ 7 4P 6 , Page
2. The Owners hereby certify that they have replatted the Property in accordance
with the Plat, the lands embraced in the Plat shall be forever known as designed on said Plat, and
every deed of conveyance for the Property or any portion thereof shall use such designation.
3. The Owners hereby donate and dedicate to the public an easement of right of way
on and over such portion of the Property designated as South Taylor Street on the Plat, and more
particularly described in Exhibit B attached hereto and incorporated herein, to be used by the
public as a public street.
Page 1 of 5
4. The Owners hereby further donate and dedicate certain easements for drainage
and utilities reflected on the Plat for the use by public utilities, including but not limited to
electric power, gas, telephone, water and sewer. Such easement shall include the right of ingress
and egress for the installation, maintenance, repair, and replacement of such utility services.
5. The filing of this Bill of Assurance and the Plat in the office of the Circuit Clerk
and ex-officio Recorder of Pulaski County shall be a valid and complete delivery and dedication
of the right of way and easements described in Paragraph 2 and 3 above and reflected on the Plat.
6. All buildings constructed on the Property shall be constructed no nearer to the
street than the building line shown on the Plat, and all buildings shall be constructed in
conformance with the Building Code and Zoning Ordinances of the City of Little Rock, Arkansas.
7. The Owners agree that it may be necessary to impose certain covenants,
conditions, and restrictions with respect to said Property for the mutual and reciprocal benefit
and complement of the various lots included in the Property and the present and future owners
thereof. The Owners agree that such declarations of covenants and restriction may be filed by
either AA Development or St. Mark with regard to each of their respective portions of the
Property.
8. This Bill of Assurance shall run with the land and shall bind and inure to the
benefit of and be enforceable by the record owner(s) of the Property or any portion thereof, their
respective legal representatives, heirs, successors, and assigns, for a term of ten (10) years from
the Effective Date, after which time the Bill of Assurance shall be automatically extended for
successive periods of five (5) years unless an instrument terminating it is signed by the then
record owners of seventy-five percent (75%) of the Property and recorded in the office of the
Circuit Clerk and ex-officio Recorder of Pulaski County prior to the commencement of any five-
year period. This Bill of Assurance may be amended at any time during the current or successive
terms by an instrument in writing signed by a majority of the record owners of the Property.
Any amendment must be properly recorded in the office of the Circuit Clerk and ex-officio
Recorder of Pulaski County. For purposes of this Paragraph 8, in the event a portion of the
Property has more than one record owner, the total record owners of that portion of the Property
shall constitute one owner for purposes of determining percentages, and only one record owner's
signature will be required on a document of amendment hereunder.
9. Additional real property may become subject to this Bill of Assurance and
included in the Property by either of the Owners filing of record a Supplemental Bill of
Assurance with respect to the additional property, provided that no one other than AA
Development or St. Mark shall have the right to subject additional lands to this Bill of Assurance
without the written approval of both AA Development and St. Mark.
10. Nothing in this Bill of Assurance shall be deemed or construed by any of the
Owners or by any third person to create the relationship of principal and agent, limited or general
partners, joint venturers, or of any other association between the Owners.
Page 2 of 5
11. The undersigned represent and warrant that they are the authorized agents of AA
Development and St. Mark, respectively, and have authority to execute and file this instrument
on their behalf.
ST. MARK BAPTIST CHURCH, INC.
By:
AW-N r
amarr Bailey, Agent
AA Development at Midtown, Inc.
By:
4 Z
Scott Richburg, nt
STATE OF ARKANSAS )
COUNTY OF LObi W- ))
pteviawed only for inclusion of minimum standards
required bj the City of little Rock subd'nlision regrfss.
Bill of Assurance provisions established by bh^
developer may exwsd rrs:nir ,uns regTlla! Orr- of flse
Little Rock subdivision and zoning ordinances.
ACKNOWLEDGMENT
City of little Rock Planning Commission
On this 2.+ day of r 2010, before me, the undersigned
Notary Public, personally appeared the a ove-signed, known to me to be the persons whose
names are subscribed to the within instrument, and acknowledged that they had executed the
same and were properly authorized to execute the same.
My Commission Expires: [
This instrument prepared by:
Newland & Associates, PLLC
2228 Cottondale Lane, Suite 200
Little Rock, AR 72202
MEL18AAKEM
WHITE COUNTY
NOTARY PUBLIC -ARM"
MyCWM*mlon B*W November8%2M9
Commhalon No.12374107
Page 3 of 5
1�
'lotary Public
EXHIBIT A
PROPERTY DESCRIPTION
LOT 1:
Part of Block 6, and part of the alleys and street rights -of -way vacated by City of Little Rock
Ordinance No. 20,151, all in Perry Heights Addition to the City of Little Rock, Pulaski County,
Arkansas, being more particularly described as follows:
Commencing at the Southwest corner of the Northwest 1/4, Southeast 1/4, Southwest 1/4,
Section 6, T-1-N, R-12-W; thence North 01°46'31" East 29.99 feet; thence South 87°12'14"
East 385.11 feet to a point on the Easterly right-of-way line of South Taylor Street and the
POINT OF BEGINNING; thence along said right-of-way line, on a curve to the right having a
radius of 25.00 feet, an arc distance of 38.77 feet and a chord bearing and distance of North
42°54'09" West 35.00 feet; thence continuing along said right-of-way line, North 01°31'48"
East 180.13 feet; thence continuing along said right-of-way line on a curve to the right having a
radius of 70.00 feet, an arc distance of 111.42 feet and a chord bearing and distance of North
47°07'52" East 100.03 feet; thence continuing along said right-of-way line, South 87°16'05"
East 172.14 feet; thence continuing along said right-of-way line on a curve to the right having a
radius of 25.00 feet, an arc distance of 38.81 feet and a chord bearing and distance of South
42°47'51" East 35.03 feet to a point on the Westerly right-of-way line of Fair Park Boulevard;
thence along said right-of-way line, South 01°40'22" West 232.39 feet; thence continuing along
said right-of-way line, South 42°32'32" West 24.59 feet to a point on the Northerly right-of-way
line of West 10t' Street; thence along said right-of-way line, North 87°20'06" West 226.87 feet
to the POINT OF BEGINNING, containing 1.662 acres, more or less.
LOT 2:
Part of Block 5, and part of the alleys and street rights -of -way vacated by City of Little Rock
Ordinance No. 20,151, all in Perry Heights Addition to the City of Little Rock, Pulaski County,
Arkansas, being more particularly described as follows:
Commencing at the Southwest corner of the Northwest 1/4, Southeast 1/4, Southwest 1/4,
Section 6, T-1-N, R-12-W; thence North 01°46'31" East 29.99 feet; thence South 87°12'14"
East 275.04 feet to a point on the Westerly right-of-way line of South Taylor Street; thence along
said right-of-way line, on a curve to the left having a radius of 25.00 feet, an arc distance of
39.80 feet and a chord bearing and distance of North 47°08'23" East 35.73 feet; thence
continuing along said right-of-way line, North 01 °31'48" East 67.94 feet to the POINT OF
BEGINNING; thence North 87°16'21" West 136.26 feet; thence North 01°18'04" East 212.25
feet; thence South 87°16'05" East 129.38 feet; thence South 41°39'14" East 42.80 feet to a point
on the Westerly right-of-way line of South Taylor Street; thence along said right-of-way line, on
a curve to the right having a radius of 130.00 feet, an arc distance of 75.95 feet and a chord
bearing and distance of South 18°16'01" West 74.87 feet; thence continuing along said right-of-
way line, South 01°31'48" West 109.47 feet to the POINT OF BEGINNING, containing 0.682
acres, more or less.
Page 4 of 5
EXHIBIT B
SOUTH TAYLOR STREET RIGHT-OF-WAY DEDICATION
Part of Block 5, part of Block 6, and part of the alleys and street rights -of -way vacated by City of
Little Rock Ordinance No. 20,151, all in Perry Heights Addition to the City of Little Rock,
Pulaski County, Arkansas, being more particularly described as follows:
Commencing at the Southwest corner of the Northwest 1/4, Southeast 1/4, Southwest 1/4,
Section 6, T-1-N, R-12-W; thence North 01°46'31" East 29.99 feet; thence South 87°12'14"
East 275.04 feet to a point on the Westerly right-of-way line of South Taylor Street and the
POINT OF BEGINNING; thence along said right-of-way line, on a curve to the left having a
radius of 25.00 feet, an arc distance of 39.80 feet and a chord bearing and distance of North
47008'23" East 35.73 feet; thence continuing along said right-of-way line, North 01031'48" East
177.41 feet; thence continuing along said right-of-way line on a curve to the right having a radius
of 130.00 feet, an arc distance of 206.93 feet and a chord bearing and distance of North
47°07'52" East 185.77 feet; thence continuing along said right-of-way line, South 87°16'05"
East 170.07 feet; thence continuing along said right-of-way line on a curve to the left having a
radius of 25.00 feet, an arc distance of 39.84 feet and a chord bearing and distance of North
47°04'39" East 35.76 feet to a point on the Westerly right-of-way line of Fair Park Boulevard;
thence along said right-of-way line, South 01°38'59" West 110.13 feet to a point on the
Southerly right-of-way line of South Taylor Street; thence along said right-of-way line, on a
curve to the left having a radius of 25.00 feet, an arc distance of 38.81 feet and a chord bearing
and distance of North 42°47'51" West 35.03 feet; thence continuing along said right-of-way line,
North 87°16'05" West 172.14 feet; thence continuing along said right-of-way line on a curve to
the left having a radius of 70.00 feet, an arc distance of 111.42 feet and a chord bearing and
distance of South 47°07'52" West 100.03 feet; thence continuing along said right-of-way line,
South 01 °31'48" West 180.13 feet; thence continuing along said right-of-way line on a curve to
the left having a radius of 25.00 feet, an arc distance of 38.77 feet and a chord bearing and
distance of South 42°54'09" East 35.0.0 feet to a point on the Northerly right-of-way line of West
1 Oth Street; thence along said right-of-way line, North 87°03' 10" West 110.07 feet to the POINT
OF BEGINNING, containing 0.782 acres, more or less.
Page 5 of 5
LETTER OF TRANSMITTAL
aI� C ra fton Tu I I
0
S parks
10825 Financial Centre Parkway, Suite 300
Little Rock, Arkansas 72211-3554
Ph. (501) 664-3245 • Fx. (501) 664-6704
www.craftontulisparks.com
TO: n.....,� i..,,e�
Cityof Little Rock Plannin
723 W. Markham
Little Rock, AR 72201
WE ARE SENDING YOU: ❑X Attached
❑ Shop drawings ❑ Prints
❑ Copy of letter ❑ Change order
DATE: Au ust 25 2010
JOB NO.: 925-1
ATTENTION: Donna James
BILL GRP:
RE: Mid -Towne at Fair Park Final Plat
❑ Under separate cover via the following items:
❑ Plans ❑ Computer Storage ❑ Specifications
n
COPIES
DATE
NO.
DESCRIPTION
18
Recorded Final Plat of Lots 1 & 2, Mid -Towne at Fair Park _
Recorded Bill of Assurance
1
THESE ARE TRANSMITTED AS CHECKED BELOW:
❑ For approval ❑ Permitted
❑X For your use ❑ Permitted with corrections noted
❑X As requested ❑ Revise and resubmit
❑ For review and comment [y _
❑ FORBIDS DUE 20
REMARKS: Please call if you have any questions.
TRANSMITTED BY:
❑ Mail ❑X Courier ❑ Fed -Ex ❑ Other
COPY TO: File
❑ Resubmit
copies for approval
❑ Submit
copies for distribution
❑ Return
corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
DELIVER BY:
EFL: Mid -Towne at Fair Park Plat- CLR Transmittal.xlsx
SIGNED: Greg Sullivan
Last Saved By: sh1061 @ 4/7108 11:49 AM
10 LETTER OF TRANSMITTAL
4) C rafton Tu I! Sparks
10825 Financial Centre Parkway, Suite 300
Little Rock, Arkansas 72211-3554 DATE: June 9 2010 IJOB NO.:
Ph. (501) 664-3245 • Fx. (501) 664-6704 .ATTENTION: Donna James JBILL GRP:
www.craftentullsi)arks.com RE: Mid -Town at Fair Park Final Plat
TO: Donna James
City of Little Rock Planning
723 W. Markham
Little Rock, AR 72201
WE ARE SENDING YOU: ❑X Attached
❑ Shop drawings ❑ Prints
❑ Copy of letter ❑ Change order
❑ Under separate cover via
❑ Plans ❑ Computer Storage
925-1
the following items:
❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
3
Final Plat of Lots 1 & 2, Mid -Town at Fair Park
Preliminary Bill of Assurance
1
THESE ARE TRANSMITTED AS CHECKED BELOW:
❑X For approval ❑ Permitted
❑ For your use ❑ Permitted with corrections noted
❑ As requested ❑ Revise and resubmit
❑X For review and comment ❑ _
❑ FORBIDS DUE _ 20
REMARKS: Please call if you have any questions.
TRANSMITTED BY:
❑ Mail ❑ Courier ❑ Fed -Ex ❑ Other
COPY TO: File
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
DELIVER BY:
EFL: Mid -Town at Fair Park- CLR Transmittal.xlsm
SIGNED: Greg Sullivan
Last Saved By: sh1061 @ 417/08 11:49 AM
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME —Mid Town at Fair Park Lots 1 & 2
INSPECTOR REPORT
I have made a final inspection of the improvements and find that:
L� All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards.
Certain Improveme is remai nc pleted and a punch list has been prepared and sent.
t Engineering Specialist Date: �
g g P
ADDRESSING SPECIALI 'S REPORT
I hav rev p n fstreet names and street configuration are acceptable.
i
Addressing Specialist Date:
TRAFFIC ENGINEER REPORT
l 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: �0
k— 7 D r
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.
e-� All other requirements for final plat approval have been satisfied.
r.- ? Civil Engineer I/II Date: l (J 0-0
SURVEYOR'S REPORT
I have reviewed the plat and find that:
�I All requirements for final plat approval have been satisfied.
Surveyor Date:_
MANAGER APP AL
All Civil Engineering requirements for filing this final plat have been satisfied.
.:�. y Date:
Design Review Engineer/Civil Engineering Manager
June 21, 2010
Page 1 of 2
James, Donna
From: Greg Sullivan [Greg.Sullivan@craftontuIIsparks.com]
Sent: Thursday, August 26, 2010 3:11 PM
To: James, Donna
Subject: FW: Final Plat Review
CAW approvals for Mid -Town and Park Avenue are attached.
Greg Sullivan, P.L.S.
Survey Supervisor
Direct:501-748-8241 1 Fax:501-664-6704
10825 Financial Centre Parkway, Ste 300 1 Little Rock, AR 72211-3554 1 www.craftontulisparks.com
Crafton Tull Sparks -- Anticipating needs. Providing solutions.
Disclaimer
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to
whom they are addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail.
Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your
system. Thank you, we appreciate your cooperation.
From: Daniel.Tull@CArkW.com [mailto:Daniel.Tull@CArkW.com]
Sent: Thursday, June 17, 2010 10:25 AM
To: Greg Sullivan
Subject: Re: Final Plat Review
Thank you
Daniel Tull
Engineering Technician
501-377-1245
From:
"Greg Sullivan" <Greg.Sullivan@craftontullsparks.com>
To:
<Daniel.Tul I@CArk W . com>
Date:
06/15/2010 02:36 PM
Subject:
Final Plat Review
Daniel,
The plats we discussed are attached. Please call if you have any questions.
Thanks,
8/26/2010
Page 2 of 2
Greg Sullivan, P.L.S.
Survey Supervisor
Direct:501-748-8241 1 Fax:501-664-6704
10825 Financial Centre Parkway, Ste 300 1 Little Rock, AR 72211-3554 1 www.craftontullsparks.com
Crafton Tull Sparks-- Anticipating needs. Providing solutions.
Disclaimer
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to
whom they are addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail.
Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your
system. Thank you, we appreciate your cooperation. [attachment "PARK AVENUE ADDITION-UTIL.PDF" deleted by
Daniel Tull/CAW] [attachment "MID TOWN AT FAIR PARK-UTIL.PDF" deleted by Daniel Tull/CAW]
Before you
print this email think about the environment.
8/26/2010
Page 1 of 2
James, Donna
From: Greg Sullivan [Greg.Sullivan@craftontullsparks.com]
Sent: Thursday, August 26, 2010 3:13 PM
To: James, Donna
Subject: FW: Final Plat Approval
LRWU approvals attached.
Greg Sullivan, P.L.S.
Survey Supervisor
Direct:501-748-8241 1 Fax:501-664-6704
10825 Financial Centre Parkway, Ste 300 1 Little Rock, AR 72211-3554 1 www.craftontulisparks.com
Crafton Tull Sparks -- Anticipating needs. Providing solutions.
Disclaimer
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to
whom they are addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail.
Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your
system. Thank you, we appreciate your cooperation.
From: Jim Boyd [mailto:jim.boyd@lrwu.com]
Sent: Friday, June 11, 2010 9:25 AM
To: 'James, Donna'
Cc: Greg Sullivan
Subject: FW: Final Plat Approval
LRW has no objection to filing the above final plats. Sewer is available to the properties involved and no
additional easements are required.
James Boyd, P.E.
Engineering Supervisor
Little Rock Wastewater
#1i Clearwater Drive
Little Rock, AR 72204
Office 5o1-688-1414
Mobile 501-352-0390
email jim.boyd@lrwu.com
From: Greg Sullivan [mailto:Greg.Sullivan@craftontullsparks.com]
Sent: Thursday, June 10, 2010 2:57 PM
To: Jim Boyd
Subject: Final Plat Approval
Jim,
Please find attached the Final Plats for Mid -Town at Fair Park and Park Avenue Addition for your
review. Please call if you have any questions.
8/26/2010
Page 2 of 2
Thanks,
Greg Sullivan, P.L.S.
Survey Supervisor
Direct: 501-748-8241 1 Fax:501-664-6704
10825 Financial Centre Parkway, Ste 300 1 Little Rock, AR 72211-3554 1 www.craftontulisparks.com
Crafton Tull Sparks -- Anticipating needs. Providing solutions.
Disclaimer
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to
whom they are addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail.
Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your
system. Thank you, we appreciate your cooperation.
8/26/2010
City of Little Rock.
Planning and Development
Filing Fees
Date C I : _ - 2010
Annexation
Board of Adjustment
Cond Use Permit/T UP
Final Plat
Planned Unit Dev
Preliminaiy Plat
Special Use Permit
Rezoning
Site Plans
Street Name Change
Street Name Signs
Number at ea
Public Hearing Signs
Number -at -ea
Total
File No
Location V--V . C ..
Applicant
By ` - f