HomeMy WebLinkAboutS-1154-A ApplicationTHIS INSTRUMENT PREPARED BY:
Douglas S. Robertson
Attorney at Law
4510 Bay Hill Drive
Conway, Arkansas 72034
AFTER RECORDING, RETURN TO:
Joe D. Whisenhunt
c/o Whisenhunt Investment Group, LLC
1701 Centerview Drive, Suite 102
Little Rock, Arkansas 72211
2009027007 Received: 4/24/2009 12:51:54 PM
Recorded: 04/24/2009 12:57:54 PM Filed &
Recorded in Official Records of PAT O'BRIEN
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $40.00
BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, we, Joe D. Whisenhunt and Margaret H. Whisenhunt, hu
wife ("Whisenhunt"), are the owners of the following described lands, to -wit:
E CIR,o
Part of the NE'/4 NE'/4, Section 1, T-1-N, R-14-W, Pulaski County, ArkansEji"d
described as: COMMENCING at the SW corner of said NE'/4 NE'/4; thend" W,
N 01 °50'53" E, along the West line of said NE'/4 NE'/4, 655.64 feet; thence' CIO
88009'07" E, 37.75 feet to the East right-of-way line of Kirk Road, the POINT', r, 9'r �'.•'
OF BEGINNING; thence N 06044'56" E, along said East right-of-way line, 58.20
feet; thence, along said East right-of-way line, on a curve to the left having a
Radius of 112.50 feet, an Arc Length of 8.47 feet and a Chord bearing and
distance of N 04035'35" E, 8.46 feet; thence N 02°26'14" E, along said East
right-of-way line, 138.77 feet; thence, along said East right-of-way line, on a
curve to the right having a Radius of 79.51 feet, an Arc Length of 129.82 feet and
a Chord bearing and distance of N 49013'11" E, 115.87 feet to the South right-of-
way line of Chenal Parkway; thence, along said South right-of-way line, on a
curve to the right having a Radius of 926.25 feet, an Arc Length of 85.81 feet and
a Chord bearing and distance of S 81 °30'13" E, 85.78 feet; thence, along said
South right-of-way line, on a curve to the right having a Radius of 894.93 feet, an
Arc Length of 11.34 feet and a Chord bearing and distance of S 76010'07" E,
11.34 feet; thence, along said South right-of-way line, on a curve to the right
having a Radius of 894.93 feet, an Arc Length of 25.50 feet and a Chord bearing
and distance of S 74059'21" E, 25.50 feet; thence S 74009'40" E, along said
South right-of-way line, 205.23 feet; thence on a curve to the right having a
Radius of 30.00 feet, an Arc Length of 10.43 feet and a Chord bearing and
distance of S 03°35'00" W, 10.37 feet; thence S 13°32'21" W, 1.43 feet; thence
on a curve to the left having a Radius of 100.00 feet, an Arc Length of 23.00 feet
and a Chord bearing and distance of S 06057'05" W, 22.95 feet; thence
S 00021'48" W, 143.91 feet; thence on a curve to the right having a Radius of
30.00 feet, an Arc Length of 47.10 feet and a Chord bearing and distance of
S 45020'18" W, 42.41 feet; thence N 89041'13" W, 194.79 feet; thence
N 89041'13" W, 178.06 feet; thence on a curve to the right having a Radius of
20.00 feet, an Arc Length of 12.15 feet and a Chord bearing and distance of
N 72017'21" W, 11.96 feet to the POINT OF BEGINNING, containing 2.376
acres (103,528 sq.ft.), more or less;
AND, WHEREAS, Whisenhunt desires that all of the above described lands be platted
into lots as further described hereinbelow;
NOW, THEREFORE, WITNESSETH:
THAT, Whisenhunt has caused the above described lands to be surveyed and a plat (the
"Plat") thereof made by Todd A. Shettles, Professional Land Surveyor, Arkansas License No.
1527, and Roy C. Andrews, Professional Engineer, Arkansas License No. 12707, dated March
24, 2009, the Plat being identified by the title "FINAL PLAT: Lots 1 and 2, Dairyland
Commercial Subdivision of the City of Little Rock, Pulaski County, Arkansas," and recorded in
the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, as
Instrument No.aoO ; and, for the above described lands, Whisenhunt does
hereby make this Bill of Assurance;
IN FURTHERANCE THEREOF, Whisenhunt does hereby layoff and plat the above
described lands in accordance with the Plat, said Plat being incorporated herein by this reference
and hereby made a part hereof. The lands embraced on the Plat shall forever be known as:
Lots 1 and 2, Dairyland Commercial Subdivision of the City of Little Rock, Pulaski
County, Arkansas;
THAT, there are strips of ground shown and dimensioned on the Plat marked or labeled
"5' Sanitary Sewer Easement" and "10' Easement for Underground Telephone and Electrical
Utilities" that Whisenhunt hereby donates, dedicates and reserves for the non-exclusive use of
and by the referenced public utilities, subject at all times to the proper authorities and to the
terms, conditions and rights set forth and/or reserved herein;
THAT, the owner(s) of the lots shown on the Plat shall take their title subject to the rights
of the referenced public utilities as shown on the Plat;
THAT, the easements for the installation, maintenance, repair and replacement of utility
services or utility lines are of various widths, reference being hereby made to the Plat filed
herewith for a more specific description of width and location thereof,
THAT, the use of any utility easement designated on the Plat for the purposes of
constructing, installing, placing, operating and maintaining utilities, utility services or utility
lines shall be limited to the subsurface only and all utilities, utility services or utility lines
constructed, installed or placed therein shall be buried to a minimum depth of thirty inches (30")
below the surface of the ground; and, Whisenhunt does hereby reserve and retain unto
themselves, and unto their heirs and assigns, forever, the use of the surface of such easements for
any purpose not inconsistent with the easement rights provided for herein, including, but not
limited to, paving the surface of such easements and using the same for streets, driveways,
parking areas, walkways and sidewalks and the use of the surface of such easements for the
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placement or erection of fences and landscaping; and, further, that in the event any pavement,
street, driveway, parking area, walkway, sidewalk, fence or landscaping or similar improvements
within the area of any such easements or any adjacent area is damaged by or as the result of any
work ordered or performed by or for the benefit of a public utility, the public utility benefiting
from such work shall cause, at its own cost and expense, the same to be repaired and/or replaced
to a condition that is equal or superior to its condition prior to the performance of such work;
THAT, the filing of this Bill of Assurance and the Plat for record in the Office of the
Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, shall be a valid and
complete delivery of the easements shown on the Plat;
THAT, hereafter, conveyance and description of the above described lands by lot number
as shown on the Plat shall be a proper and sufficient description thereof, and,
THAT, Lots 1 and 2 shall be subject to the following covenants and restrictions, each of
which shall be covenants and restrictions running with the lands herein described, to -wit:
1. Building Location. All buildings constructed on Lots 1 or 2 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. Open
and closed porches, patios and play areas, whether with or without roofs, shall be considered part
of the building and must be situated accordingly.
2. Lot Area and Width. Lots 1 and 2 shall not be subdivided or replatted without the
written consent of the owners of Lots 1 and 2.
3. Property Lines and Boundaries. Iron pins have been set on the lot corners and
points of curve, and all lot dimensions shown on curves are curve distances, and all curve data as
shown on the Plat are centerline curve data unless otherwise indicated. In the event of minor
discrepancies between the dimensions and distances as shown on the Plat and the actual
dimensions and distances as disclosed by the established pins, the pins shall control.
4. Severability. Invalidation of any covenant, restriction or provision, or any part
thereof, set forth in this Bill of Assurance, by any Order, Judgment or Decree of any court of
competent jurisdiction, shall not invalidate or affect any of the other covenants, restrictions or
provisions, or any part thereof as set forth herein, but they shall remain in full force and effect.
(testimonium, follows)
-3-
IN WITNESS WHEREOF. we have hereunto set our hands, by and through our attorney -
in -fact, Douglas S. Robertson, on this Zt5 day of April, 2009.
JOE D. WHISENHUNT
By: _ , 4 414 �� C�. /�
Douglas S. Robertson, his attorney -in -fact,
under a General Power of Attorney recorded
in the real estate records of Pulaski County,
Arkansas, as Instrument No. 2006037230
MARGARET H. WHISENHUNT
By:
1-4-
Douglas S. Ikobertson, her attorney -in -fact,
under a General Power of Attorney recorded
in the real estate records of Pulaski County,
Arkansas, as Instrument No. 2006037231
TENANT'S CONSENT
ARVEST BANK, an Arkansas bank corporation, tenant in and of Lot 2 described in the
foregoing Bill of Assurance, for and in consideration of the benefits of the foregoing Bill of
Assurance to said Lot 2, does hereby consent to the same.
Date: April .2009.
pavim gad only for indusion of minimum standards
required by the City of 1J tl Rock subdivision
bla ans.
Bill of Assurance provisions established
dexelaper may exceed minimum regulations of the
Little Flock sub"jon and zoning ordinances.
of Little Rock Planning Commission
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss.
COUNTY OF PULASKI )
On this�0� day of April, 2009, before me, the undersigned Notary Public, personally
appeared DOUGLAS S. ROBERTSON, known to me to be the person whose name is subscribed
to the foregoing instrument as attorney -in -fact for JOE D. WHISENHUNT and MARAGRET H.
WHISENHUNT, husband and wife, and acknowledged that he had executed the same as the act
of his principals for the considerations and purposes set forth therein.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission Expires:
-5-
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss.
COUNTY OF PULASKI )
On this day of April, 2009, before me, the undersigned Notary Public, personally
appeared LARRY C. CHOATE, to me personally well known, who stated that he was the
Chairman and Chief Executive Officer of ARVEST BANK, an Arkansas bank corporation,
whose address is: 500 Broadway Place, Little Rock, Arkansas 72201, and that he was duly
authorized in such capacity to execute the foregoing instrument for and in the name and behalf of
said corporation, and further stated and acknowledged to me that he had so executed the same for
the considerations and purposes set forth therein.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
My Commission Expires:
NAc,tAcx�7
[SEAL]
a�'t"Y s•._
SHAYNA C. OLTMANS
r-
Saline County
-
My Commission Expires
August 25, 2013
DEVELOPMENT
CONSULTANTS
INCORPORATED
2200 North Rodney Parham, Ste. 220
Little Rock, Arkansas 72212-4155
Telephone: 501-221-7880
Fax: 501-221-7882
TO: arin:X4
LETTER OF TRANSMITTAL
DATE: [0-3o-oS { JOB NO. o-?-1
ATTI eKna
RE:
�0 2 Tom: r
WE ARE SENDING YOU -'•'Attached ❑ Under separate cover via the following
items ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples
❑ Specifications ❑ Copy of letter ❑ Change Order ❑
THESE ARE TRANSMITTED as checked below:
❑ For your approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
❑ As requested ❑ Returned for corrections
❑ For review and comment
❑ Resubmit _
approval
❑ Submit _
distribution
❑ Return
❑ FOR BIDS DUE 20
❑ PRINTS RETURNED AFTER LOAN AFTER LOAN TO US
REMARKS v'�v ` wa A r-Z
COPY TO
SIGNED 6-+
If enclosures are not as noted, kindly notify us
copies for
copies for
corrected prints
J\General Office\Transmittal.doc
City of Lithe Rock
Planning and Development
Filing Fees
Date _ -0 1,i 2oLLQ
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
_.' ., j K
ILONG CODE
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME — DAIRYLAND COMMERCIAL SUBDIVISION LOTS 1 & 2
INSPECTOR REPORT
I have made a final inspection of the improvements and find that: �, C}�Sj } 3-E2 S G 44&-c 1- -CT1-
945 7S*0I 109
All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards. 1.+JA S PtzCv•:70----0
Certain Improvements remain uncompleted and a punch list has been prepared and sent. „z 161g
Engineering Specialist Date: F01<- ecnAD
ADDRESSING SPECIALIST'S REPORT
I have rev' e ed the plat and find that the street names and street configuration are acceptable.
Addressing Specialist Date: 6�—Q
TRAFFIC ENGINEER ORT
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. l
Civil Engineer I/II Date: qkz- / o 9
SURVEYOR'S REPORT
I have reviewed the plat and find that:
All requir ents for fi I :n�
ve been satisfied.
Surveyor Date: Q
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
Date: y I2 Z'10 R
Design Review Engineer/Civil Engineering Manager
February 2007