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HomeMy WebLinkAboutS-1702 Application2013031629 Received: 4/29/2013 11:38:46 AM Recorded: 04129/2013 11:42:47 AM Filed & Recorded in Official Records of Larry Crane, PULASKI COUNTY CIRCUITICOUNTY CLERK Fees $60.00 Instrument Prepared by: Price C. Gardner Friday Eldredge & Clark LLP 400 West Capitol Avenue, Suite 200 Little Rock, Arkansas 7221 (501)376-211 DECLARATION OF RESTRICTIONS AND COVENANTS, GRANT OF EASEMENTS cift COUNT? THIS DECLARATION OF RESTRICTIONS AND COVENANTS (this "Declaration") is made as of the a�, 01 day of i�j . 2013, by 15400 CHENAL, LLC, an Arkansas limited liability company ("Grantor")_ RECITALS WHEREAS, the Grantor has caused the lands described on Exhibit "A-1" attached hereto (the "Property") to be surveyed by White-Daters & Associates, Inc., and a final plat made thereof, identified by the title "Lots 1 & 2 Wellington Center at Chenal, an addition to the City of Little Rock, Arkansas" and showing the boundaries and dimensions of the Property now being platted into two (2) tracts to be forever known as "Lot 1 and Lot 2 Wellington Center at Chenal, an addition to the City of Little Rock, Pulaski County, Arkansas," a copy of which is attached hereto as Exhibit "A-2" (the "Plat"); WHEREAS, this Declaration is made with respect to the real property designated and shown as proposed Lot 1 and Lot 2 on the Plat (each a "Lot" or the "Lots"), which real property is hereinafter referred separately as a "Lot 1" and "Lot 2", as the case may be, and the legal descriptions of which are contained on Exhibit "B" attached hereto and by reference incorporated herein; and WHEREAS, the Grantor is the Fee Owner of the Property; and WHEREAS, the Grantor desires to file this Declaration to protect its interest and the interests of others which may in the future become fee owners (each an "Owner") of the Lots shown on the Plat. Grantor and those future Fee Owners may be hereinafter collectively referred to as "Parties" or singularly as a "Party"; and WHEREAS, the Grantor hereby establishes, to the fullest extent permitted by law, certain covenants, restrictions, easements and charges (collectively, the "Restrictions") as are hereinafter set forth, subject to which all of Lot 1 and Lot 2 and every portion thereof, shall be improved, held, exchanged, leased, sold and/or conveyed. NOW, THEREFORE, in consideration of the foregoing, and the covenants and agreements set forth herein, the Grantor agrees as follows: 1. Use; Restrictions on Use. The types of uses permitted in Lot 1 and Lot 2 shall be of a commercial nature consistent with the zoning covering the Lot 1 and Lot 2 and not otherwise prohibited herein or by law or otherwise. Nothing contained herein shall be construed to require any Owner to open or operate any form of business on any Lot for any period of time or at all. So long as Lot 1 is being used as a branch bank, use of all or any portion of Lot 2 as a bank or bank holding company shall be prohibited. 2. Cross Access on Lots 1 And 2. (a) Grant of Cross Access. Grantor does hereby dedicate, create, establish and declare private, perpetual, non-exclusive easements over, through, upon and across the access easement areas located on and Lot 2 more particularly depicted as the "Cross Access Drive and Utility Easement" on the Plat attached hereto as Exhibit "A-2" (the "Access Easement Areas") to serve as a means of vehicular and pedestrian access and a way of ingress and egress to and from Lot 1 and Lot 2 for the use and benefit of the present owner and future Owner(s) of Lot 1 and Lot 2, and their respective lessees, employees, contractors, mortgagees, customers, tenants, licensees, concessionaires, customers and invitees. No vehicles shall at any time block the Access Easement Area, except for the limited purpose of making repairs to the Access Easement Area. (b) Maintenance of Access Easement Area. The Access Easement Area shall be kept, maintained and repaired in a "first class" manner and condition by shall be maintained by the Owner of Lot 2 and its respective successors and assigns. The Access Easement Area shall be kept and maintained free and clear of dirt, trash and debris. The surface of the Access Easement Area shall be kept, maintained and repaired in a smooth condition, free of bumps, humps, or holes; and, the surface of said drive shall also be kept, maintained and repaired so as to be free of any cracks or holes that either significantly impair the remaining life of said drive's surface material or allows 2 water to reach, penetrate, infiltrate or saturate said drive's stone base material or sub -grade. The maintenance and repair of the Access Easement Area contemplated herein includes, but is not limited to, the resurfacing and/or reconstruction of said drive areas. The cost of maintenance and repairs to the Access Easement Area shall be paid by the Lot 2 Owner; provided, however, the Lot 1 Owner shall pay the Lot 2 Owner a maintenance fee of $1,000 per year, due and payable on the first day of each calendar year. However, each Owner shall be responsible for repairing any damage within the easement area resulting from the Owner or its tenant's delivery trucks or other actions of the Owners or its tenants and their respective successors, mortgagees, lessees, assigns, contractors, licensees, customers, invitees or employees. In such instance the Owner responsible for such damage shall be responsible for the entire cost of such repair. 3. No Cross Parkin. No cross parking shall be permitted on either property. No Owner, invitees, employees or agents of an Owner or any tenant of an Owner party shall park, stage or otherwise allow vehicles or trailers to be parked or stored on the other party's property or otherwise left unattended without the prior written permission of the other Owner setting forth the nature and duration of agreement. 4. Utility Easements. (a) Public Utility Easements. Grantor further grants and subjects Lot 1 and Lot 2 to easements within the strips of ground shown and dimensioned on the drawings of Lot 1 and Lot 2 as shown on said Plat and marked as utility easement areas for the installation, maintenance, repair, and use of and by public utilities, and for drainage purposes, respectively, subject at all times to the proper authorities and to the easement and restrictive covenants herein reserved. The party performing any such installation shall provide written notice to the Owner of the affected Lot 1 and Lot 2 prior to the commencement of construction. Such utilities shall include, but not be limited to, electrical, gas, water, fiber, and other telecommunication services, drainage, storm water, and sanitary sewer conduits and facilities for the benefit and use of the public utilities and public. Accordingly, all Owners and future Owners of the Lot 1 and Lot 2 shown on said Plat, shall take their title subject to the rights of public utilities and the public in the street's right-of-way and the utility and drain easements shown on the Plat. 3 (b) Private Utility Easements. Grantor further grants and subjects Lot 2 to a twenty foot (20') wide easement within the strips of ground shown and dimensioned on the drawing of Lot 2 as shown on said Plat and marked as utility easement areas for the installation, maintenance, repair, and use of electrical, gas, water (including fire and domestic purposes), fiber, and other telecommunication services and sanitary sewer conduits and facilities for the benefit and use of the Owner(s) of Lot 1. The party performing any such installation, maintenance or repair shall provide written notice to the Owner of Lot 2 prior to the commencement of construction, maintenance or repair. Accordingly, all Owners and future Owners of Lot 2 shown on said Plat, shall take their title subject to the rights of public utilities and the Owner(s) of Lot I in the utility easement area as shown on Lot 2 of the Plat. (c) Dedication of Right-Of-WayRight-Of-Wgy and Utility Easements. The filing of this Declaration for record in the office of the Circuit Clerk and Ex Officio Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and dedication of said public right-of-way and utility easements described in subparagraph (a) and (b) above and as shown on said Plat. 5. Drainaize Easement. Grantor hereby reserves, dedicates, creates, establishes and declares a perpetual easement on Lot 2 and Lot I for stormwater drainage across the surface area of the parking lots and within underground piping utilizing the grated inlets located located on, about or under the Lots. 6. Com liance with Governmental Restrictions. The construction of any buildings or improvements on any Lot shall comply with and be subject to all building codes, zoning ordinances and restrictions imposed by the City of Little Rock, Arkansas Highway and Transportation Department and any other federal, state, county or local authority and any restrictions having jurisdiction over the Property. 6. Enforcement of Obligations. In the event legal proceedings are brought or commenced to enforce any of the terms of this Declaration against any owner or other person with an interest in a Lot, the successful party in such action shall be entitled to receive and shall receive from the defaulting Owner any and all damages permitted by law, plus a reasonable sum as attorneys, fees and costs, to be fixed by the court in the same action. M 7. Duration. Unless otherwise canceled or terminated, all of the easements granted in this Declaration shall continue in perpetuity and all other rights and obligations hereof shall automatically terminate and be of no further force and effect ninety-nine (99) years after the date of filing hereof. 8. Modifications. All negotiations and oral agreements acceptable to the Grantor have been incorporated herein. Except as otherwise provided herein, this Declaration may not be modified in any respect whatsoever or rescinded, in whole or in part, except by a writing executed by the Grantor and then current Owners of the Lot 1 and Lot 2. 5 9. Miscellaneous. (a) Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of any Lot to the general public or for any public purposes whatsoever, it being the intention of the Grantor and the Owners that this Declaration shall be strictly limited to and for the purposes herein expressed. (b) Severability. If any term or provision of this Declaration or the application of it to any person or circumstance shall to any extent be invalid and unenforceable, the remainder of this Declaration or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each term and provision of this Declaration shall be valid and shall be enforced to the extent permitted by law. (c) Governing Law. This Declaration shall be construed and enforced in accordance with, and governed by, the law of the State of Arkansas. (d) No Presumption. This Declaration shall be interpreted and construed only by the contents hereof and there shall be no presumption or standard of construction in favor of or against any Owner. (e) Inurement. This Declaration and the easements, covenants, benefits and obligations created hereby shall inure to the benefit and be binding upon each owner, and their respective successors and assigns. (f) Other Agreements. Nothing herein shall restrict an Owner from imposing upon a tenant of such Owner's Lot more restrictions and/or higher standards than set forth herein. (g) Subdivision and Zoning Ordinances. Notwithstanding any provision hereofto the contrary, any lawful restrictions imposed by the City of Little Rock which is more restrictive on use than the provisions hereof shall be applicable and shall supersede the provisions hereof. (h) Entire Agreement. This Declaration constitutes the entire agreement regarding this subject matter between the Parties hereto. The Parties do not rely on any statement, promise or representation not herein expressed, and this Declaration, once executed, delivered and filed, shall not be modified or altered in any respect except as provided herein. (i) No Third Party Beneficiaries. No party, other than the Owners shall have any rights or benefits of this Declaration. 6 IN WITNESS WHEREOF, this Declaration has been executed as of the date first above written. STATE OF ARKANSAS ) ss. COUNTY OF PULASKI 15400 Che ,LLC By: Larry Crain, Jr., Manager ACKNOWLEDGMENT On this day, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named Larry Crain, Jr., to me personally well known, who stated that he was the manager of 15400 CHENAL, LLC, an Arkansas limited liability company, and 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 said 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,?? day of 14 9,0 —1' L , 2013. My Cammi dpmelAL MM rFEY TGUFFEY �#MAFt M. KANSAS �ASALINE CG MY COMMISSION E):PI , 2"9-�14 Notary Public Flaviewed only for inclusion of minimum starda.ds reglJI ? by the City of little Rock subdivision rasgulaaons. Bill cf Assurance provisions es&,!shed & t);. datreioper may exoeed minimum rsgulations cf N`to 1.Ittle Rock subd" ' •n and zonlro ordinancm I 1 riI3 City of Little Rock Planning mission EXHIBIT "A-1" LEGAL LEGAL DESCRIPTION PART OF THE NW1/4 OF SECTION 6, T-1-N, R-13-W, IN THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 5, CHENAL COMMERCIAL PARK (RECORDED IN PLAT BOOK E, PAGE 425); THENCE S82'09'53"E ALONG THE SOUTHERLY LINE OF SAID LOT 5, 89.00 FT.; THENCE S19'46'1 1 "W, 552.44 FT. TO A POINT LYING ON THE NORTH RIGHT-OF-WAY LINE OF CHENAL PARKWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY THE FOLLOWING: (1) WESTERLY ALONG THE ARC OF A 904.93 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N82'16'48"W, 22.30 FT.; (2) N75'32'58"W, 94.59 FT.; (3) N71'25'25"W, 130.31 FT.; (4) N71°54'42"W, 61.81 FT.; (5) N67'16'17"W, 258.79 FT. AND (6) NORTHWESTERLY ALONG THE ARC OF A 40.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N23'45'03"W, 55.10 FT. TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELLINGTON HILLS DRIVE; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING: (1) N19'46'11"E, 227.67 FT.; (2) NORTHERLY ALONG THE ARC OF A 945.00 FT, RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N13'28'54"E, 207.03 FT. AND (3) N07-1 1 '29"E, 59.15 FT.; THENCE S71'00'22"E, 552.98 FT. TO THE POINT OF BEGINNING, CONTAINING 7.6137 ACRES MORE OR LESS. EXHIBIT "A-2" FINAL PLAT EXHIBIT "B" LEGAL DESCRIPTION FOR PROPOSED LOT I AND LOT 2 LEGAL DESCRIPTION- LOT 1 PART OF THE NW1/4 OF SECTION 6, T-1-N, R-13-W, IN THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 5, CHENAL COMMERCIAL PARK (RECORDED IN PLAT BOOK E, PAGE 425); THENCE S82709'53"E ALONG THE SOUTHERLY LINE OF SAID LOT 5, 89.00 FT.; THENCE S19'46'11"W, 552.44 FT. TO A POINT LYING ON THE NORTH RIGHT-OF-WAY LINE OF CHENAL PARKWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY THE FOLLOWING: (1) WESTERLY ALONG THE ARC OF A 904.93 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N82'16'48"W, 22.30 FT.; (2) N75'32'58'W, 94.59 FT.; (3) N71'25'25"W, 130.31 FT.; (4) N71'54i42W, 61.84 FT. AND (5) N67'16'17"W, 145.08 FT. THENCE N19'45'11"E, 312.41 FT.; THENCE N70'13'49' W, 152.30 FT. TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELLINGTON HILLS DRIVE; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE BEING THE ARC OF A 945.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N12'18'06"E, 168.30 FT.; THENCE N0711'29"E CONTINUING ALONG SAID RIGHT-OF-WAY LINE, 59.15 FT.; THENCE S71'00'22"E, 552.98 FT. TO THE POINT OF BEGINNING; CONTAINING 6.5475 ACRES MORE OR LESS. LEGAL DESCRIPTION- LOT 2 PART OF THE NW1/4 OF SECTION 6, T-1-N, R-13-W, IN THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 5, CHENAL COMMERCIAL PARK (RECORDED IN PLAT BOOK E, PAGE 425); THENCE S82'09'53"E ALONG THE SOUTHERLY LINE OF SAID LOT 5, 89.00 FT.; THENCE S19'46'11"W, 552.44 FT. TO A POINT LYING ON THE NORTH RIGHT-OF-WAY LINE OF CHENAL PARKWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY THE FOLLOWING: (1) WESTERLY ALONG THE ARC OF A 904.93 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N82'16'48"W, 22.30 FT.; (2) N75'32'5$"W, 94.59 FT.; (3) N71'25'25"W, 130.31 FT.; (4) N71'54'42"W, 61.81 FT. AND (5) N6716'17'W, 145.08 FT. TO THE POINT OF BEGINNING; THENCE N67'16'17"W CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, 113.71 FT.; THENCE NORTHWESTERLY ALONG THE ARC OF A 40.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N23'45'03"W, 55.10 FT. TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELLINGTON HILLS DRIVE; THENCE N1946'11"E ALONG SAID EAST RIGHT-OF-WAY LINE, 227.67 FT.; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE BEING THE ARC OF A 945.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N18'35'25"E, 38.92 FT.; THENCE S7(713'49"E, 152.30 FT.; THENCE S19'46'11"W, 312.41 FT. TO THE POINT OF BEGINNING, CONTAINING 1.0661 ACRES MORE OR LESS. Page 1 of 1 Paul White From: Tamara Guffey [tguffey@whitedaters.com] Sent: Thursday, March 28, 2013 8:22 AM To: 'THOMPSON, THEODIS' Cc: 'Paul White' Subject: RE: Final Plat Approval - Wellington Center at Chenal Thank you Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: THOMPSON, THEODIS [mailto:TTHOMP1@entergy.com] Sent: Wednesday, March 27, 2013 4:29 PM To: Tamara Guffey Subject: RE: Final Plat Approval - Wellington Center at Chenal Tamara, Ok as submitted. Theodis Thompson Sr Engineering Associate From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Wednesday, March 27, 2013 8:40 AM To: 'Daniel Tull'; 'Bates, Joni B.'; THOMPSON, THEODIS; 'KEATHLEY, CHRIS' Cc: 'Harper, Vance'; 'Floriani, Vince'; 'James, Donna'; 'Paul White' Subject: Final Plat Approval - Wellington Center at Chenal Attached for your review and approval is a final plat copy of Lots 1 and 2, Wellington Center at Chenal The owner of this property intends to file their plat by Friday, April 5, 2013. An email response or signed copy 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. Any questions may be directed to Paul White at pwhite@whitedaters.com or 821-1667. We appreciate your timely response. Sincerely, Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 3/28/2013 Page 1 of 2 Paul White From: Tamara Guffey [tguffey@whitedaters.com] Sent: Wednesday, April 03, 2013 12:12 PM To: 'SPIGNER, TOM' Cc: 'Paul White' Subject: RE: Final Plat Approval - Wellington Center at Chenal Thank you, Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: SPIGNER, TOM [mailto:ts7678@att.com] Sent: Wednesday, April 03, 2013 11:25 AM To: KEATHLEY, CHRIS Cc: TAMARA GUFFEY Subject: RE: Final Plat Approval - Wellington Center at Chenal AT&T approves the final plat of lots 1&2 Wellington Center at Chenal. From: KEATHLEY, CHRIS Sent: Wednesday, March 27, 2013 9:34 AM To: SPIGNER, TOM Cc: TAMARA GUFFEY Subject: FW: Final Plat Approval - Wellington Center at Chenal Tom.....would you review this for Tamara please? Thanx Chris Chris Keathley Lead 05P Ping & Eng Dsgn 501.373.6594 0 501.615.5823 C From: Tamara Guffey[mailto:tguffey@whitedaters.com] Sent: Wednesday, March 27, 2013 8:40 AM To: 'Daniel Tull'; 'Bates, Joni B.'; THOMPSON, THEODIS'; KEATHLEY, CHRIS Cc: 'Harper, Vance'; 'Floriani, Vince'; 'James, Donna'; 'Paul White' Subject: Final Plat Approval - Wellington Center at Chenal Attached for your review and approval is a final plat copy of Lots 1 and 2, Wellington Center at Chenal. The owner of this property intends to file their plat by Friday, April 5, 2013. An email response or signed copy 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. Any questions may be directed to Paul White at cwhiteCcbwhitedaters.corn or 821-1667. We appreciate your timely response. 4/4/2013 Scale 1" = 50 It ' :--- +,. c, � 4t /� .� LOT 1 LOT 2 c, pp m / m.•� � llntyl�.w �w �6e tli �_ �x� N9a o .0 i • o`wrr R�m'ywa��iwv an . era Y rY�v� p wy tl.p �u �w ... rip ice. ti� r, .rRii«•Yw C.R tawa� —rM� a .w.�rs • oYn n o¢wvu .ww,m.mo.Y � Imo— T S:w7rR� Sewer IS,1vallable to Lot t and Developer underssands they must extend sewer to Lot 2 prior to development of Lot 2. LRW requires an additional 15 foot easement as shown. LRW has no objection m 11ling this plat with the additional easement shown. James Boyd, P.E. Developer Funded Engineer Little Rock Wastewater April 4, 2013 PLAT OF LOTS 1 & 2 WELLINGTON CENTER AT CHENAL AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS MARCH, 2013 vwwuw caiurc'/,/, � s Page 1 of 3 Joe White, Jr. From: Blake Weindorf [Blake.Weindorf@carkw.com] Sent: Wednesday, April 17, 2013 2:22 PM To: Joe White, Jr. Subject: RE: Final Plat Approval - Wellington Center at Chenal Thanks for providing the site map of the Lot 2 with easement and existing private service lines marked. CAW approves of the Final Plat with the Bill of Assurance containing language regarding the private Fire and Domestic Service to Lot 1 easement as discussed. Thanks, Blake From: Blake Weindorf Sent: Wednesday, April 10, 2013 8:59 AM To: 'Joe White, Jr.' Subject: RE: Final Plat Approval - Wellington Center at Chenal Joe, In order for us to accept the proposed final plat we need you to: 1) Verify in the field that the private Fire and Domestic Service to Lot 1 are installed within the proposed easement; the last thing we want is to do this and then find out they are out of the easement. 2) Submit a site plan of Lot 2 with the proposed building layout and private Fire and Domestic Service to Lot 1 with easement shown. 3) Provide a copy of the Bill of Assurance with the language regarding the private Fire and Domestic Service to Lot 1 easement as discussed. Thanks, Blake From: Joe White, Jr. [mailto:jwhite@whitedaters.com] Sent: Wednesday, April 10, 2013 8:17 AM To: Blake Weindorf Subject: RE: Final Plat Approval - Wellington Center at Chenal Blake, I checked with Larry Crain on adjusting the size of the lot. The dimensions for the bank layout and the residual that Larry is left with work with the dimensions they have shown. On setting the precedent, I think this is really unusual. Since we have a single owner that is platting the property and writing the Bill of Assurance to address this specific problem, I think we can address any future problems. I don't recall a situation similar to this in my 25 years and I'm not sure we'll see it again. Larry and the Bank would like to close this week. Do you have some time for us to come down and visit with you 4/17/2013 Page 1 of 2 Paul White From: Zinser, Brandon M [Brandon.Zinser@centerpointenergy.com] Sent: Wednesday, April 17, 2013 3:36 PM To: Paul White Subject: RE: Final Plat Approval - Wellington Center at Chenai Attachments: Temp02191.pdf Thank you for the adjustment on the survey. CenterPoint Energy has no objection to the final plat of Lots 1 & 2 Wellington Center at Chenal as attached. Thanks, Brandon Zinser, P.E. Engineer III Southern Gas Operations I Arkansas/Oklahoma Region 401 W. Capitol Ave, Suite 600 1 Little Rock, AR 72201 Direct:501-377-4930 1 Fax:501-377-4733 1 Mobile:501-425-2289 ecamwPow From: Paul White [mailto:pwhite@whitedaters.com] Sent: Wednesday, April 17, 2013 3:15 PM To: Zinser, Brandon M Subject: RE: Final Plat Approval - Wellington Center at Chenal Brandon, attached is the revised plat. We added a 10 ft. esmt. along Wellington Hills Dr. and the service to the building is in the 20 ft. esmt. along with the water service. They are trying to get this recorded and we have all the other utility sign -offs. Thanks for your help on this. Paul White, PLS White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: Zinser, Brandon M [ma ilto:Brandon.Zinser(_ centerpointenergy.corn] Sent: Wednesday, April 10, 2013 1:42 PM To: Paul White Subject: RE: Final Plat Approval - Wellington Center at Chenal Paul, I spoke with you regarding our service line location in relation to your provided plat. I have attached the measurements provided by our locating group. Can you verify that we are in an easement on your plat? The service line should be marked on the ground at the site if further survey/measurement is needed for determination. I just want to make sure the existing service line is in an easement across Lot 2. Thanks, Brandon Zinser, P.E. Engineer III 4/17/2013 CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS NAME —Wellington Center Lots 1 & 2 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. All other requirements for final plat approval have been satisfied. Civil Engineer I/11 mate: SURVEYOR'S REPORT I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. Surveyor Date: MANAGER A OVAL All Civil Engineering requir ments for filing this final plat have been saris ied. Date: ti� Design Review Engineer/Civil 15ngineering Manager April 22, 2013 City of Little Rock Planning and Development Filing Fees -i Date �l 20 �3 Annexation Board of Adjustment Cond Use Permit/T U 1 Final Plat Planned Unit Dev Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number at Public Hearing Signs Number at ea Total File No Loc Ap] By ea It 8 $ 3a�8.vl)