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HomeMy WebLinkAboutS-1115-B Application02/25/2000 02:28:35 PM • BILL OF ASSURANC icialRecorRecords of CAROLYN STALEY PLAT OF LOTS 1, 2, 3, AND 4, COMMERCE SQUARE SUBDIVI MMI�NP�ION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS. Fees $24.00 MID -ARK INVESTORS, LLC `I'O THE PUBLIC WHEREAS, Mid -Ark Investors, ("Grantor") is the owner of the following described land lying in the County of Pulaski, State of Arkansas, to wit: Part of the SE'/4 of the NE'/4 of Section 25, T-1-N, R-13-W, Pulaski County, Arkansas, more particularly described as: Cornmencing at the SW corner of the SE I/4 of the NE'/4 of the aforesaid Section 25, T-1- N, R-13-W; thence S89°28'26'E along the South line of the aforesaid SE'/4 of the NE 'A 300.94 feet; thence N i 0°33'53"E, 52.69 feet to (lie point of beginning; thence continuing N 10033'53"E along tiie East right-of-way of U.S. 1-1ighway 67-70/University Avenue, 211.01 feet; thence N0902i'47"E along said rigilt-of-way, 327.36 feet; (hence S87°09'49"E, 585.99 feet; thence along a curve to the right having a radius of 2,979.23 feet, a central angle of 10013'54" and a chord which bears N50104'5I "E, 531.39 feet; thence S02°42' 13"W, 63.32 feet, to a point lying on the Northwest right-of-way line of tile, Union Pacific Railroad; thence along the said right-of-way oil a curve to lice left having a radius of 2,929.23 feet, a central angle of 22031'03" and a chord which bears S43° 12'46"W, 1,144.31 feet to a point lying oil the north right-of-way line of West 65th Street; thence along said North right -of --way line the following bearings and distances, N89°26'24"W, 82.23 feet and N82°33'40"W, 132.80 feet and N79° I.6'24"W, 32.58 feet to the point of curvature of a 90.0' radius curve to the right, said cul've having a central angle of 39"24'54" and a chord which bears N59034' 15"W, 60.70 feet to the point of beginning, containing 6.592 acres, more or less. NOW, THEREFORE, WITNESSETH: Grantor has caused the Subdivision to be surveyed by Wlilte-Daters and Associates, and a Plat thereof made which is identified by the title Lots 1, 2, 3, and 4, Commerce Square Subdivision to the City of Little Rock and by the signature of the said engineer and Grantor, being a Certificate of Final Approval executed by the Little Rock Planning Commission, and of record in the office of Circuit Clerk and ex-officio Recorder of Pulaski County, Arkansas, Plat Book _ Page _ (tile "Plat"), and Grantor does hereby make this Bill of Assurance. AND, Grantor hereby certifies that it has laid off, platted, and subdivided, and does hereby lay off, plat and subdivide the Subdivision in accordance with the Plat. The lands embraced in the Plat shall forever be known as Lots 1, 2, 3, and 4, Commerce Square Subdivision. Permanent easements for drainage, for laying and maintaining sewer pipes and mains, storm nce of utilities and for access are created, tb4 e ptqi g� sewers, for the installation and maintena over, across and through the Subdivision as shown on the Plat; provided, however, t *� agency or private utility so installing or maintaining utilities shall restore, insofar ads �,,y the surface of the land in tile re same condition ex.isted prior to such installation ilS+� .' i �! 1 .ftiy ■ � 0 +ter including with limitation replanting and lands t]g. = The filing and recording of this Bill of A ante and Plat for record rshI delivery and dedication of the easements shown of Plat.' +k WOW # ri VlViy+ ■�F� 1=, �■e■r■■■* Lots 1, 2, 3, and 4 and any interest therein shall be held, owned and conveyed subject to and in conformity with certain declarations, restrictions and Govenants set forth herein which shall be construed to be covenants running with the land and shall be binding upon all owners of Lots 1, 2, 3, and 4 as follows: 1. Access Easements. The areas labeled on the Plat as Access Easements have been established so as to provide unobstructed vehicular access within the Commerce Square Subdivision for the benefit of the owners of Lots 1, 2, 3, and 4 as well as their respective customers, vendors, and invitees. 2. Construction of !m rovements with the Access Easements. The improvements to be built within the Access Easements such as paving, curb and gutter shall be built in accordance with design criteria'specified by the City of Little Rock as a condition of the approval of any new building permit. The owner of any given lot shall be responsible for the construction of any improvements to be built which are specified as a condition of that owner's request for a building permit. No owner shall be responsible for the construction of any improvements within any portion of an access easement located within the boundaries of that owner's property unless that owner has filed for a building permit and the City of Little Rock has specified that improvements must be built as a condition of approval. 3. Maintenance of Im rovements within Access Easements. The cost of the Maintenance for the Improvements within the Access Easements shall be shared between the owners of Lots 1, 2, 3, and 4 as follows: Lot l 20% Lot 2 25% Lot 3 25% Lot 4 30% No monies shall be spent on the maintenance of the improvements within these Access Easements without the written consent of the owners of three of tile four sites, and without first obtaining three separate independent bids for the improvements to be made. 4. Right to file lien. if any of the owners of Lots 1, 2, 3, and 4 refuse to pay for their respective percentage of the maintenance cost, a lien in the amount of the unpaid obligation may be filed against the lot or lots owned by the non-paying owner(s) by the owners of the remaining lots. 5. Arbitration. Any controversy or claim arising out of or related to this Bill of Assurance, or breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association and judgment upon the award may be entered into any Court having jurisdiction thereof. It is expressly a condition precedent to the commencement of court proceedings of any nature that any dispute arising out of or related to this Bill of Assurance, or breach thereof, shall first be submitted to arbitration. 6. General Provisions. Each and all of the covenants and provisions set forth herein shall be binding as covenants on all owners, shall runt with the land and may be enforced by any party that would be adversely affected by the breach thereof, but no party shall be liable for breaches committed except during its ownership. Any and all of the covenants set forth herein may be amended, modified, extended, changed or canceled in whole or in part from time to time by written instrument signed and acknowledged by the owner or owners of one hundred percent (100%) in area of the following described lands: y LOTS 1, 2, 3, AND 4, COMMERCE SQUARE SUBDIVISION, CITY OF LITTLE ROCK, ARKANSAS. 11 2 Invalidation of any restriction set forth herein,or any part thereof by an order, judgment, or decree of any court or Board of Arbitration or otherwise shall not invalidate or affect any of the other restrictions or any part thereof as set forth herein, but they slrtal-remain in full force and effect. GRANTOR: MID -ARK INVESTORS, LLC Reviewed only, for inausron of rninirnurn stanc:ard� required by t`te Cp of tittle Rock subdivision rqulalicrT Bilt of Assurahcd provisicna r3tair,islied by U` n developer may exc'., co '^ err : -1 �alion� of tho AClittle Rack subdivision Ard _... cm:nM:� _ zy, zaoU itv of Littl^ Rock FlannWi C mminalon Member Doc# 2000012634 ACKNOWLEDGEMENT STATE OF ARKANSAS COUNTY OF PULASKI On this . ,Z day of 2000, before me, a Notary Public, duly commissioned, qualified and acting within and for the said County and State appeared in person Ray Jones, to me personally well known, who stated that he was duly authorized to execute the foregoing instrument on behalf of Mid -Ark Investors, LLC, and further acknowledged that he had so signed, executed and. delivered said foregoing instrument for the consideration uses and purposes therein mentioned and set forth. INWITNESSWHEREOF, I have hereunto set my hand and seal. 6e' Ge' i Notary Public OPI°ICIAL SEAL ELLEN S. KOENIG My Commission Expires: NOTARY PUBLIC .ARKANSAS PULASKI COUNTY My Commission Erpires• 748-2000 4 i City -of of Little Rock DepanmeM of Public \Nrorks 7r1 west •t: arknt� ' Lutle Rock, Arkansas 2:2:1.13Jo Y 371-4811 FAX • -:50 r uJ CIVIL ENGI ERING RESPONSE Engineering Divisi, The Civil Engineering Requirements for Filing of Final Plats have been satisfied. Approval for filing of this plat can be issued e'o m 4,1 -A e r jC0 u.40-A _ L+.4 r4&- Signed By RDTM_A RK S . oR p %, 2/�- z' 2 CLR PUBLIC WORKS DEPT. DATE TO AGENCY FAX # FROM AGENCY FAX r PHONE r'` TOTAL PAGES e0 rfw.v�nwr.ru.gay..�+af�-r�+:n�']M�4..��r+��i�r �.nnw[•�ri}'AfWfA Nf�ON•waw��urr. • - — _ ---..w�w��M`�4� © WHITE-❑ATERS & ASSOCIATES, INC. 401 Victory Street Little Rock, Arkansas 72201 (501) 37i1-1666 SOUTHWESTERN BELL Danny Nassar Suite 465 373-5181 N "I LITTLE ROCK WATER WORKS UTILITY SIGN - OFF ARKT.A John Baker Roosevelt Office 377-4663 1" „-A d LITTLE ROCK WASTEWATER ENTERGY Terry Carson or Theodis Thompson West Little Rock 954-5142/954-5163 Marie Dugan Jim Boyd Second Floor Fourth Floor 377-1222 688-1414 ri C k*e Dewayne Dixon 2 Copies of Plat and Monte Moore 1 Copy of Plat. * Make Sure Dewayne and Monte have a cover letter asking them to please review the following plat & call Brian or Paul with any comments. L Sob R)Lk�a 9(V-03/9 CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING ® WHITE -CATERS & ASSOCIATES, INC. ®401 Victory Street Little Rock, Arkansas 72201 Q (501) 374-1666 Mr. Monte Moore City of Little Rock Planning & Development 723 W. Markham Little Rock, AR 72201 C is RE: � ��C�V1 C" C. �' bV Mr. Moore, Please review the following plats) and call Brian Dale or Paul White with any comments you may have. Thank You, Amanda Phillips CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING City of Little Rock,Ark. 0212 Filing F e Date:,,e 0 Annexation $ Bd.of Adjustment $ Cond. Use Permit Final plat Planned Unit Dev. $ Preliminary Plat $ Special Use Permit s Rezoning $ ` Site Plans $ Right of way abandonment Street name change $ Street name signs Number at ea. $ Total $`d File no. Location L-c' r-r CA Applic nt — B y r gym.