HomeMy WebLinkAboutS-1111-B ApplicationTO:
FROM:
RE:
DATE:
Cy,
OFFICE OF THE CITY ATTORNEY
Little Rock, Arkansas
MEMORANDUM
Cy Carney
City Manager
Tom Carpenter, City Attorney
By: Stephen Giles, Deputy City Atto 7441
Affirmative Covenant by developer to ensure drainage pipe maintenance
March 1, 2000
Attached are two originals of the Affirmative Covenant executed by Chenal Creek, LLC a
developer of property on Chenal Parkway at Autumn Road next to the Target Store.
You may recall that this developer entered into an exchange of property agreement with the
City of Little Rock in which the City deeded some portions of right-of-way it owned on the frontage
of the development. In return, Chenal Creek deed approximately 7 acres to the City on the back of
the property which is largely wooded and drainage area.
The developer's plans called for the construction of a commercial structure which would be
located over a 36 inch drainage pipe which had been previously placed on the property and covered
with 30 feet of fill dirt. Public Work engineers believe that the construction of a structure over the
drainage pipe may cause a problem for the City in the future if that portion of the pipe should fail for
some reason, and require maintenance or replacement. Nevertheless, staff felt that with some form
of enforceable agreement the property owner could be required to maintain the pipe at its own
expense.
The attached Affirmative Covenant is an instrument drafted by us that will be filed of record
in the deed records of Pulaski County. It is an agreement of the property owner to maintain the 36
inch pipe and Covenant will run with the land and bind future purchasers or successors of the
property owner. Dickson Flake has signed as the principal of the owner of the property. Please
execute in the space provided and have your signature notarized and the City Clerk will file the
Covenant and keep a file marked copy in the permanent records of the City Clerk.
If you have any questions please contact me.
2000018531
03/20/2000 04:20:00 PM
Filed & Recorded in
Official Records of
CAROLYN STALEY
PULASKI COUNTY
AFFIRMATIVE COVE CUT/ UNTY CLERK
Fees 18.
This Affirmative Covenant is entered into on this day of is y, 20 by Chenal Creek
LLC, a limited liability company organized under the laws of the state of Arkansas ("Owner") and
the City of Little Rock, Arkansas, an Arkansas municipal corporation ("City").
Recitals
Whereas, Owner owns certain real property (the "Property") at the northeast corner of
Chenal Parkway and Gamble Road, more particularly described as Lot 2, Grey Rock Subdivision,
Little Rock, Arkansas; and
Whereas, Owner will use the Property for commercial use and will build a shopping center
on the Property; and
Whereas, before Owner purchased the Property the City approved the construction of a 36-
inch drainage pipe ("Pipe") that drains stormwater to the south of the Property; and
Whereas, the Pipe was constructed and laid under approximately 30 feet of fill; and
Whereas, subsequently Owner planned the construction of a shopping center, a portion of
which building was proposed to be constructed over the Pipe; and
Whereas, in order to obtain permission of the City to construct the shopping center, Owner
agrees to condition its right to occupy the shopping center with an agreement to maintain the Pipe
for its intended use; and
Whereas, Owner and City mutually desire to enter into and place upon the Property the
affirmative covenant set forth below, with the intention that such covenant touch, concern, run with,
swyal-A9+as* r",
burden and encumber the Property in the manner set forth herein forever or for thctii�a;ti{ q�.4
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permitted by law, whichever is greater.
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NOW THEREFORE, in consideration of the reciprocal covenants, the uses and benefits
accruing to Owner and to the public generally, and other valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by Owner and City, it is agreed as follows.
I. Incorporation of Recitals
The recitals set forth below are not mere recitals of fact but are contractual in nature and
incorporated herein by reference.
H. Affirmative Duty to Maintain Pipe on Property
Owner agrees that in addition to any existing covenants and restrictions on said Property,
Owner shall be responsible for the proper operation and maintenance of the Pipe. In the event of
failure of the Pipe due to any reason, blockage or collapse, the expected flows shall be diverted to
the 24-inch drainage conduit shown on Appendix "A" in order to prevent damage by flooding to
adjacent properties, including the public rights of way.
Any damages associated with the rising waters caused by blockage, collapse or other failure
of the Pipe shall be the responsibility of the Owner.
The Pipe is more particularly described on the diagram marked Appendix "A" attached
hereto and incorporated herein by reference.
Owner agrees that upon notice from the City to the party designated herein to maintain the
Pipe it shall commence promptly but not later than within 24 hours of said notice to correct the
condition and to diligently pursue such corrective measures to completion as directed by the City
Department of Public Works.
7
M. Covenant Runs with Land
Owner agrees that the covenant set forth above shall forever run with the land in order to bind
the current and subsequent owners of the Property. Owner and City recognize that a breach of the
covenant set forth herein may not be adequately redressed at law, that equitable relief is appropriate,
and that the City may seek mandatory injunctive relief for any such breach as well as damages. In such
case the covenant may be enforced only by the introduction of this document, filed of record in the
deed records of Pulaski County, Arkansas, together with proof of the violation of the affirmative
covenant.
IV. Notice
All notices, statements, demands, requests, consents, approvals, authorizations, appointments,
designations, or other direction or communication hereunder by either party to the other shall be in
writing and shall be sufficiently given and served upon the other party, immediately if delivered
personally or by telex or telecopy (provided with respect to telex or telecopy that such transmission
are received on a business day during normal business hours), the first business day after dispatch if
sent by express mail, and the second business day after dispatch if sent by first class mail, registered
or certified, return receipt requested, postage prepaid, and addressed as follows:
CITY OF LITTLE ROCK ("City")
Director of the Department of Public Works
City of Little Rock
701 West Markham
Little Rock, Arkansas 72201
(501) 371-4475 Telephone
(501) 371-4843 Facsimile
3
With a copy to:
Little Rock City Attorney
City Hall, Room 310
500 West Markham
Little Rock, Arkansas 72201
(501) 371-4527 Telephone
(501) 371-4675 Facsimile
CHENAL CREEK LLC ("Owner")
Barnes, Quinn, Flake and Anderson, Inc.
400 West Capitol Avenue, Suite 1200
Little Rock, Arkansas 72203
(501) 372-6161 Telephone
(501) 372-0671 Facsimile
V. Severability
If any clause, sentence or other portion of the terms and provisions of this Affirmative
Covenant is or becomes illegal, null or void for any reason, or held by any court of competent
jurisdiction to be so, the remaining portions shall remain in full force and effect.
VI. Governing Law
This Affirmative Covenant shall be governed by the laws of the state of Arkansas.
WITNESS the hands of the Owner and the City of Little Rock by their duly authorized
officers as of this — day of� 000.
CHENAL CREEK LLC ("OWNER"), by its Managing Member, BQFA Properties, LLC, by its
Managing Member, Walthour- Flake Co., Inc.
By:
L. Dickson Flake, President
4
CITY OF LITTLE ROCK, ARKANSAS ("CITY")
A Am -
Cy ey
City Manager
ATTEST:
,All _J •I
ZM 91 • PTiMeN
City Clerk
STATE OF ARKANSAS)
COUNTY OF PULASKI )
CHENAL CREEK ACKNOWLEDGMENT
BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public within
and for the County aforesaid, duly commissioned and acting, appeared in person L. Dickson Flake,
to me well known, who stated that he was the President of Walthour-Flake Co., Inc., Managing
Member of BQFA Properties, LLC, Managing Member of Chenal Creek, LLC, an Arkansas Limited
Liability Company, and he was duly authorized in his respective capacity to execute the foregoing
Affirmative Covenant for and in the name and behalf of said Owner, and further stated that he had
executed the same for the consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public on this �"�D day of
2000.
Not Public
My commission expires:
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5
STATE OF ARKANSAS
COUNTY OF PULASKI
CITY ACKNOWLEDGMENT
BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public within
and for the County aforesaid, duly commissioned and acting, appeared in person City Manager Cy
Carney and City Clerk Robbie Hancock, known to me as the persons whose names are subscribed
to the foregoing instrument, and they were duly authorized in their respective capacities to execute
the foregoing instrument for and in the name and behalf of said City, and further stated that they had
executed the same for the consideration and purposes therein mentioned and set forth.
WITNESS my hand and
2000.
My commission expires: r
seal as such Notary Public on this -3 r6(- day of
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Notary Public
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RESOLUTION NO. 10, 887
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE A PUBLIC UTILITY EASEMENT IN
LOT 2 OF GRAYROCK ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS.
WHEREAS, a petition was duly filed with the Board of Directors of the City of
Little Rock, Arkansas, on the 10'` Day of August, 2000, asking the Board of Directors to
vacate a public utility easement in Lot 2 of Grayrock Addition to the Original City of
Little Rock, Arkansas, as designated on the plat of said Addition now appearing of record
in Plat Book F , Page 684, in the office of the Recorder of Pulaski County, Arkansas.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The hearing on said petition shall be held at the meeting of the
Board of Directors in the City Hall at 6:00 o'clock P.M. on the 19th day of September
2000.
SECTION 2. The City Clerk is hereby directed to give notice of such hearing in
the manner prescribed by law by publication once a week for two (2) consecutive weeks
in a newspaper published in Pulaski County, Arkansas, and having general circulation in
the City of Little Rock.
ADOPTED: September 5, 2000
ATTEST:
s/Nancy Wood
NANCY WOOD
CITY CLERK
APPROVED:
s%Jim Dailey
JIM DAILEY
MAYOR
RESOLUTION NO. 10,887
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE A PUBLIC UTILITY EASEMENT IN
LOT 2 OF GRAYROCK ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS.
WHEREAS, a petition was duly filed with the Board of Directors of the City of
Little Rock, Arkansas, on the 1 Oth Day of August, 2000, asking the Board of Directors to
vacate a public utility easement in Lot 2 of Grayrock Addition to the Original City of
Little Rock, Arkansas, as designated on the plat of said Addition now appearing of record
in Plat Book F , Page 684, in the office of the Recorder of Pulaski County, Arkansas.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The hearing on said petition shall be held at the meeting of the
Board of Directors in the City Hall at 6:00 o'clock P.M. on the 19th day of September
2000.
SECTION 2. The City Clerk is hereby directed to give notice of such hearing in
the manner prescribed by law by publication once a week for two (2) consecutive weeks
in a newspaper published in Pulaski County, Arkansas, and having general circulation in
the City of Little Rock.
ADOPTED: September 5, 2000
ATTEST:
s/Nancy Wood
NANCY WOOD
CITY CLERK
APPROVED:
s%Jim Dailey
JIM DAILEY
MAYOR
82/83/Mg 83333/.19 PK
Filed & Recorded in
Dfficial Records of
CAROLYN STALEY
PULASKI C(lt M
CIRCUIT/COUNTY CLERK
Fees Q4.M
BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, Chenal Creek LLC, hereinafter called "Grantor", is the owner of the
following described property:
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SEE ATTACHED PROPERTY DESCRIPTION D
AND WHEREAS, it is deemed advisable to plat the abov"escribed property into lots.
NOW, THEREFORE, the Grantor has caused the land to be surveyed by McGetrick &
McGetrick, Inc., Engineers and Surveyors, and a plat made thereof, identified by the title "Lot 2
Greyrock Subdivision, Little Rock, Arkansas", The plat bears the signatures and seals of Patrick
M. McGetrick, Registered Professional Engineer, Robert C. Lowe, Jr., Registered Professional
Land Surveyor, the signature of the Grantor, bears a Certificate of Approval executed by the
Little Rock Planning Commission, and is filed for record as Plat # 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/or rights -of -way shown on the Plat.
The lands embraced in the plat shall be forever known as Lot 2 Greyrock Subdivision,
Little Rock, Arkansas, and every deed of conveyance shall bear the lot designations as indicated
on the plat,
-Beach
00` 10
All Building Codes and Zoning Ordinances of the City of Little Rock shall be applicable.
WITNESS the signature of the Grantor this 3rd day of Eebmin =� , 2000.
GRANTOR
CHENAL CREEK LLC %i.ts mamging n _r
APPROVED: �`A PROPERTIES, 12C its manar-jing meabe.r
LITTLE ROCK PLANNING WALTHOUR-FiAKE C INC . ,
COMMISSION BU
L. Dickson Flake, President
Reviewed only for inclusion of minhurn standard$
t0quired 6y the City Of Little Rock subdivision regulation.
$ill of Assurance provisions mhViched by iho
diteloper may exceed minimum rep [aVon s of the
Little Rock aijbdiyWon and zoning ordinances.
dity of litU Rode anning Commission
BEACH ABSTRACT & d U A RANT Y COMPANY
(Limited Liability Company)
STATE OF ARKANSAS
COUNTY OF PULASKI
BE IT REMEMBERED on this day of February, 2000, before
me, Notary Public, duly commissioned, qualified and acting, within and
for the said County and State, appeared in person the within named L.
Dickson Flake to me personally well known (or satisfactorily proven
to be) , who stated that he was the President of Walthour-Flake Co., Inc.
Managing Member of B PA Properties, LLC Marta ir_ Member of Chenal Creek,
LLC and was authorized in his capacity to execute the foregoing
instrument for and in the name and behalf of said Limited Liability
Company, and further stated and acknowledged that he had so signed,
executed and delivered said foregoing instrument for the consideration,
uses and purposes therein mentioned and set forth.
IN TESTIMONY WiIRREOF, I have hereunto set my hand this 3
day of February, 2000.
OFFICIAL SEAL
SHARON A. MILLER
Notary Public - Arkansas
Pulaski County
My commission expires:
File # 00-1077
e�Z;h�
Notary Public
Doc# 2080697704
PROPERTY DESCRIPTION
PART OF TRACTS 8 AND 9, HILLVALE SUBDIVISION, LITTLE ROCK, PULASKI COUNTY,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT THE NW CORNER OF THE E 1/2, NE 1/4 OF SECTION 5, T-1-N.
R-13-W; THENCE S 0052*33" W ALONG THE WEST LINE OF THE E 1/2, NE 1/4
AND THE WEST LINE OF LOT 1, GREYROCK SUBDIVISION 783.75'; THENCE CONTINUE
ALONG THE WEST UNE OF SAID LOT 1 GREYROCK SUBDIVISION S 32'44'04" W 16$.61'
TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE WEST LINE OF SAID
LOT 1 S 00'52'33" W 381.77' TO A POINT ON THE NORTH R/W LINE OF CHENAL
PARKWAY; THENCE N 8341'11" W ALONG THE NORTH R/W LINE OF CHEANL PARKWAY
501.76' TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HALING A RADIUS
OF 50.0% THENCE IN A NORTHWESTERLY DIRECTION ALONG THE ARC OF SAID CURVE
TO THE RIGHT TO THE POINT OF TANGENCY THEREOF (SAID CURVE SEGMENT HAVING
A CHORD BEARING AND DISTANCE OF N 4177'17" W 67.21), SAID POINT ALSO
BEING ON THE EAST R/W LINE OF GAMBLE ROAD; THENCE ALONG THE EAST R/W LINE
OF GAMBLE ROAD THE FOLLOWING COURSES., N 00'46'36" E 73.24'; N 89'00'35" W
5.0% N 00 4636" E 278.50'; THENCE S 59*20*12" E 393.19% THENCE.S 89'07'27" E
50.64% THENCE N 51'55'31" E 203.80' TO THE POINT OF BEGINNING, CONTAINING 3.845
ACRES. MORE OR LESS.
City of Little Rock
Depar,mem of
Public Works
iG1 N�EsI 1:,2rAh2� '
Lmle Rock. Atkansas '22J1.13D0
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CIVIL ENGINEERING RESPONSE
Engineering Divisi
The Civil Engineering Requirements for Filing of Final Plats
have been satisfied. Approval for filing of this plat can
be issued G,QE' OG/< .SUB. 'Iq ,2fP1A7-0F ,eccts r11P,4le
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Signed By ►N �? D U o
R _nR_KS : DxF � D,e bwa O.'s �, f7Le
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CLR PUBLIC WORKS DEPT.
DATE
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V108
SRN ES
U INN
AKE &
)ERSOW�
REALTORS
February 3, 2000
City of Little Rock
Markham at Broadway
Little Rock, Arkansas 72201
Gentlemen:
This will confirm that Chenal Creek LLC, owner of Lot 2, Greyrock
Subdivision and developer of the Chenal Creek Shopping Center, commits to
complete the Chenal Parkway street improvements, which are incorporated
in the construction plans, as a part of its construction of the shopping
center. These street improvements will be complete on or before completion
of the shopping center.
City 2-3-00
400 WEST CAPITOL AVENUE, SUITE 1200
POST OFFICE Box 3546
LITTLE RoCK, ARKANSAS 72203
PHONE 501-372-6161 • FAX 501-372-0671
E-MAIL bgfa@bgfa.com
bttp://www.bqfa.com
Sincerely,
L. Dickson Flake
L. DICKSON FLAKE, CRE, CCIM, SIOR
SAMUEL W. ANDERSON, CPM
NOLAN L. RUSHING
PHYLLIS LASER GLAZE, CPM
DALE L. COOK, CPM
DIANA G. LACY
DRu E. ENGLISH, CPM
MELANIE GIBSON, CCIM, CPM
13
FEB 3 2000
BY: �"'�
LEAH M. SEARS
KEVIN H. HUCHINGSON, CCIM, SIOR
J. FLETCHER HANSON III
GAINES BONNER
JOLENE COOP
DAVID B. CARPENTER
DENISE BOWERS
GARY L. JONES
INDIVIDUAL OR CORPORATE MEMBERSHIPS
Counselors of Real Estate
Com a cial-Investment Institute
Institure of Real Estate Management
International Council of Shopping Centers
Little Rock Board of Realtors, Inc
National Association of Realtors
Society of Industrial and Office Realtors
_City of Little Rock
DepFnmem of
Public Works
7G1 West 1 arkhar.)
Little F,Dch, Arkansas
371• 811 FAX • 65
Enaineerina Divisi
( Ij cy e- tr.c 4' e,*, DC. 4.a:4)
CIVIL ENGINEERING RESPONSE
The Civil Engineering Requirements for Filing of Final Plats
have been satisfied. Approval for filing of this plat can
be issued Lod G,CEROCK SUF. P-M-47-Of g; /agle
SO4•
Signed By
RD_aRKS
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TOTAL PAGES