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HomeMy WebLinkAboutS-1273-G Application6 01i14/2004 01:43:41 PM Fite Keer•r-ueu in I!`Ti=iai �IeCG*i GS �3i V� NOTICE OF ADDITION OF TE �M I r %t lfj IT \``5YY<i55Y55111,,�i' AND , ees ;,�•`ODVRT s�.,'' AMENDMENT TO BILL OF ASSURAI TO dd+' STAGECOACH VILLAGE A • t' S y o ; PLANNED UNIT DEVELOPMENT KNOW - WHY THESE PRESENTS: WHEREAS, Stagecoach Village, LLC, an Arkansas limited liability company, hereinafter called "Declarant" filed a Bill of Assurance to Stagecoach Village, a Planned Unit Development in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas on May 28, 2002 as Instrument No. 2002146960 and subsequently filed Bills of Assurance in connection with replats of certain lots therein on March 19, 2003 as Instrument Nos. 2003025636 and 2003025637; and WHEREAS, Article XV of the Bill of Assurance provides that Declarant shall have the right to add Annexed Property to the Property governed by the Bill of Assurance and to bring such Annexed Property within the general plan and scheme of the Bill of Assurance; and WHEREAS, Declarant deems it advisable that additional real property be added to the development of the Stagecoach Village subdivision and to become Annexed Property thereto in accordance with Article XV of the Bill of Assurance; and WHEREAS, Declarant is the owner of the following described lands lying in the County of Pulaski, State of Arkansas, to -wit: That part of the Northwest Quarter of the Northeast Quarter and all that part of the Southwest Quarter of the Northeast Quarter of r 5, Township 1 South, Range 13 West more fully described as. follows: ] ..,ig at a 94 rebar at the southwest "alf of the Nc gler, said Section 5, an.' run thence North 2°38'32" East along the west Iine of said NW %4 NE % for 792.37 feet to a 2" iron pipe; thence South 86'55'20" East for 319.00 feet to a #4 rebar; thence South 87'07'47" East for 202.67 feet to the northwest corner of Stagecoach Village, Tract A, Phase 1, to the City of Little Rock, Arkansas; thence the following courses along the west line of said Stagecoach Village, Tract A, Phase 1: South 2°25'52" West for 155.92 feet, North 87°04'15" West for 40.93 feet, South 2'32'23" West for 197.37 feet; North 87'31'08" West for 132.16 feet, South 2°28'52" West for 111.09 feet, South 87'31'08" East for 48.46 feet, South 2'28'52" West for 158.45 feet, South '14°34'29" East for 46.00 feet, easterly along the arc of a curve that curves to the right (having a Radius of 58.63 feet, and a delta angle of 20°36'01") for 21.08 feet, South 83'28'09" East for 30.93 feet, South 6'31'52" West for 171.03 feet to the southwest corner of said Stagecoach Village, -Tract A, Phase 1; thence North 84°14'08" West leaving said west line of said Phase 1 and along an established fence line for 48.76 feet; thence North 83058'08" West along said fence line for 100.00 feet; thence North 83°47'08" West along said fence line for 100.00 feet; thence North 84°07'08'West along said fence for 100.00 feet; thence North 84°12'08" West along said fence line for 89.00 feet; thence North 70049'08" West along said fence line for 16.00 feet; thence North 2°28'06" East along said fence line for 18.16 feet to the point of beginning, containing 8.48 acres more or less; and WHEREAS, said real property hereinabove described comprises the Annexed Property as referenced in Article XV of the Bill of Assurance; and WHEREAS, it is deemed desirable that the Annexed Property be developed in accordance with the Bill of Assurance and that said Annexed Property be subdivided into building lots and Common Areas as shown on the attached plat of Stagecoach Village, Tract A, Phase 2 and that said Annexed Property hereinafter be included as part of the Property as defined in the Bill of Assurance and be held, owned and conveyed subject to the Provisions therein contained; and WHEREAS, Declarant is the owner of over sixty percent (60%) in area of all of the Lots shown in the Plats of Stagecoach Village, Tract A, Phases 1 and 2 and desires to amend the Bill of Assurance to add the Annexed Property to the Property governed by the Bill of Assurance and to amend the Bill of Assurance accordingly. NOW, THEREFORE, Declarant, for and in consideration of the benefits to accrue to it, which benefits it acknowledges to be of value, has caused to be made a plat dated January 7, 2004 to be filed in the Plat Record Book of Pulaski County, Arkansas, signed by Charles F. Best of Hurricane Valley, Inc., Professional Engineering Consultants, Registered Professional Engineers, and bearing a certificate of approval executed by the Little Rock Planning Commission and showing the bounds and dimensions of the Property now being subdivided into lots and Common Areas. Said land herein platted and any interest therein shall be held, owned and conveyed to and in conformity with the Provisions of the Bill of Assurance as amended below, to -wit: 1. Governance of Bill of Assurance. The Provisions of the Bill of Assurance, as amended, shall apply to and govern the Annexed Property hereinabove described which is identified as Stagecoach Village, Tract A, Phase 2 and shall be included as Property defined in Article I, Section 17 of the Bill of Assurance. 2. Definitions. (a) The term "Lot" defined in Article I, Section 12 of the Bill of Assurance is hereby amended to include, in addition to its original definition, any residential lot or parcel of land shown upon the recorded subdivision map of Stagecoach Village, Tract A, Phase 2, with the exception of the Common Areas. (b) The term "Plat" defined in Article I, Section 16 of the Bill of Assurance is hereby amended to include, in addition to the property described therein, the plat of Stagecoach Village, Tract A, Phase 2 prepared by Hurricane Valley, Inc. dated January 7, 2004. 3. Owners Ri hts. All rights granted to Owners in the Bill of Assurance shall be bestowed upon Owners of Lots in the Annexed Property. Without limitation of any such rights herein bestowed but for clarification purposes only, Owners of Lots in the Annexed Property shall have the same rights and general easements for use of the Common Areas and for vehicular traffic as referenced in Article II, Section 4 of the Bill of Assurance. The private roadways shown on the plats of Stagecoach Village, Tract A, Phases 1 and 2 shall be for the use and benefit of the Lot Owners, the owners of the Property (including the Owners of the Annexed Property as amended herein) and the Owners of Lots in The Arbors at Stagecoach Village, their successors and assigns. 4. Joinder of Phase 1 and 2. All references in the Bill of Assurance to Stagecoach Village, Tract A, Phase 1 shall also include Stagecoach Village, Tract A, Phase 2 where the context requires so that the Provisions of the Bill of Assurance shall govern both Phase 1 and Phase 2. 5. Improvement District. The number "17" shall be inserted in all references in the Bill of Assurance to the "Stagecoach Village Multipurpose Municipal Property Owners' Improvement District No. of Little Rock, Arkansas" to properly identify such District as District No. 17. Article VII of the Bill of Assurance is amended to reference that said Improvement District was established by ordinance number 18,712 adopted by the Little Rock Board of Directors on July 2, 2002. All Lots in the Annexed Property are within the jurisdiction of Stagecoach Village Multipurpose Municipal Property Owner's Improvement District No. 17 and are subject to matters established thereby. 6. Capitalized Terms. All defined terms capitalized herein shall have the meanings ascribed to them in the Bill of Assurance or, as amended, in this document. IN WITNESS WHEREOF, Declarant has hereunto caused these presents to be executed by its duly authorized officers on the day of January, , 2004. ian6 ;"<c:u..:�-� STAGECOACH VILLAGE, LLC By: Zi B&Finley, Managing Member 3 ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) BE IT REMEMBERED, that on this day, before me, a Notary Public, duly commissioned, qualified and acting, within and for the said county and state, appeared in person the within named Bud Finley, to me personally well known, who stated that he was the managing member of Stagecoach Village, LLC, an Arkansas limited liability company and was duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said corporation; and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument or the consideration, uses and purposes therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of January, 2004. -� r' NOTARY P IC My Commission Expires: My Commission Expires 2 City of Little Rock Civil 1=n ineerin Division f� Department of 701 West Markham Public Works Little Rock, Arkansas 72201-1300 �u� 371-4811 Fax 371-4460 (14v,ep- #'G garE !l,4 Ile / �G CIVIL ENGINEERING RESPONSE THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN ,� z BE ISSUED 6r4 E C e c SIGNED BY ENGINEER ©K SIGNED BY SURVEYOR ' SIGNED BY 911 ADDRESS COORDINATOR DXF. DISKETTE PLAT ale e DXF DISKETTE STORM DRAIN 11 REMARKS a City of Little Rock Planning and Development Filing Fees P Date: 20 Annexation $ Board of Adjustment $ Cond. Use Permit/T.U.P. $ Final Plat $ Planned Unit Dev.Ar $ Preliminary Plat$ IS Special Use Permit I%,- $ V `eA 1� � Rezoning j 4 ='744 Site Plans Street Name Change " .. Street Name Signs Number at ea. _ $ Public Hearing Signs Number at ea. $ Total $ File No. J w- I ;- 6 Location AAppli By J