HomeMy WebLinkAboutS-1277-C Application07001052712
07/69/2681 11:26:86 A19
Filed & Recorded in
Official Records of
CAkOLYN 5TALEY
PULASKI COUNTY
CIRCUIT/COUNTY CLERK
Fees $28.00
PLAT AND BILL OF ASSURANCE
RIVERSIDE PROPERTIES, LLC
To
THE PUBLIC
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, Riverside Properties, LLC, an Arkansas limited liability company,
is the sole owner of the following described lands (hereinafter referred to as "the
Property") situated in Pulaski County, Arkansas:
See Exhibit A attached hereto and made a part hereof for all purposes.
WHEREAS, Riverside Properties, LLC as the owner of the Property desires to
plat such Property into a lot;
NOW, THEREFORE, Riverside Properties, LLC, a limited liability company,
hereinafter referred to as "Grantor," has caused the Property to be surveyed by The
Mehlburger Firm, registered professional engineers and registered professional land
surveyor, and a plat thereof made which is identified by the title, Lot 4 Riverside
Properties Subdivision Little Rock Arkansasand dated the day of ,
2001, such plat being filed in the office of the Circuit Clerk and Recorder of Pulaski
County, Arkansas and being now of record in Plat Book at page , and
Grantor does hereby make this Bill of Assurance applicable to such Property.
Grantor does herby certify that it has laid off, platted and subdivided, and does
hereby lay off, plat and subdivide said real estate as Lot 4, Riverside Properties
Prepared by: H. Baker Kurrus, Atty. At Law
Ark. Bar. Assoc. No. 80082
P. O. Box 3157, Little Rock, AR 72203
1
Subdivision, Little Rock, Arkansas, and each and every deed of conveyance for such lot
describing the same by such number and description shall always be a sufficient
description thereof.
There are shown on said Plat certain easements, including easements for utilities.
Grantor hereby donates and dedicates such utility easements to and for the use of public
utilities, the same being, without limiting the generality of the foregoing, electrical
power, gas, telephone, water and sewer, with the right hereby granted to the persons,
firms or corporations engaged in the supplying of such utility services to use and occupy
such easements and have free ingress and egress therefrom for the installation,
maintenance, repair and replacement of such utility services. Any and all other
easements and reservations shown on the Plat, such as easements and reservations for
signs, landscaping, ingress and egress, fencing and the like are also hereby dedicated and
donated to and for the use of the owners of lots in Riverside Subdivision as set forth
herein. Al 1 buildings c onstructed on the lot described herein shall be constructed no
nearer to the streets than the building lines shown on the Plat, and all buildings shall be
constructed in conformity with the Building Code and Zoning Ordinances of the City of
Little Rock, Arkansas.
In addition, the following covenants and restrictions shall also apply, subject to
being amended or cancelled as hereinafter set forth, and shall remain in full force and
effect until June 1, 2026. Thereafter the covenants and restrictions shall be automatically
extended for successive periods of ten (10) years each unless modified, terminated or
canceled as provided herein.
1. Access Road. There is shown on the Plat an easement which is forty (40)
N
feet in width, running east and west, across Lot 4 and continuing, in an easterly direction,
across p roperty t o b e p latted a s 1 ots 3, 2 and 1. Grantor shall construct within such
easement on Lot 4 a paved access road for vehicular access for the use and benefit of the
owners of lots in Riverside Subdivision, their successors, assigns, invitees and permittees.
Each owner of a lot in Riverside Subdivision shall be responsible for the maintenance of
the portion of such roadway which is located on the owner's lot. It is expressly provided,
however, that any person or parry who causes damage to the roadway in excess of
reasonable wear and tear shall be responsible for the costs to repair such damage.
2. Sign Easement. There is shown on the Plat an area entitled, "Sign
Easement" which is 250 square feet in area and located adjacent to Kirk Road and south
of the access road which runs in an east -west direction across Lot 4. This sign easement
shall be for the use and benefit of the owners of Lots 1, 2, 3 and 4 in Riverside Properties
subdivision._ There shall be constructed, at the expense of the owners of Lots 1, 2, 3 and
4, a ground -mounted monument sign which shall comply in all respects with applicable
signage ordinances. Any such owner may initiate the construction of the sign, at its cost,
which will allow the posting of the names of the businesses located on Lots 1, 2, 3 and 4.
Any business located on Lot 1, 2, 3 or 4 wishing to post its name on such monument sign
shall first pay or reimburse to the party or parties who have built the sign an amount
which would equalize the erection costs and expenses borne by each of the parties who
will be represented on the sign. All businesses which have posted names on the
monument shall share equally in the costs of maintaining and repairing the monument
sign. Each parry posting its name on the sign shall pay the costs of the lettering and other
charges directly associated with the posting of the business name. Any costs for utility
3
service to the sign and for regular metered utility charges shall be borne equally by the
businesses which have names posted on the sign. All names shall be posted in lettering
which is equal in size and which is of the. same style, as established by the agreement of
the first businesses to erect the sign and post their names to it. Grantor shall determine
the size, precise location and style of the basic monument sign if a majority of the owners
of the lots to be represented on it are unable to reach an agreement.
3. Restrictive Covenant Prohibiting Fast Food Restaurants. No part of
Lot 4 shall be used by an establishment typically known as a "fast food" restaurant, such
business being one which typically accepts orders for food and drink at a counter and
which delivers such food over the counter to customers who then seat themselves. This
restriction is intended to prohibit the use of Lot 4 not only by typical fast food
restaurants which serve full meals but also by companies or businesses which specialize
in dessert, ice cream, yogurt or other food products purveyed in a similar manner. This
covenant does not prohibit the use of Lot 4 by traditional restaurants which seat patrons
and take orders from patrons seated at tables, even if such restaurants accept carry out
orders which are incidental to the regular business of such restaurants.
4. Covenants Run with the Land. The restrictive covenants set forth in this
Bill of Assurance touch and concern the land, and shall be deemed and interpreted as
covenants running with the land.
5. Amendment. The covenants and restrictions in this Bill of Assurance
relating to easements, access, ingress, egress, or the sign easement may be amended only
if such amendment is approved by all of the owners of the lots in Riverside Properties
G!
Subdivision. The other restrictive covenants may likewise only be amended by the
affirmative votes of the owners of all of the lots in Riverside Properties subdivision.
6. Severability. The invalidation of any one of these covenants or
restrictions by any court of competent jurisdiction or otherwise shall in no way affect any
of the other provisions which shall be independent and which shall remain in full force
and effect.
Executed this 13 A day of SNP : 2001.
Reviewed only for inclusion of minimum standards
required by the City of Little Rock subdivision regulation.
Bill of Assurance provisions established by the
developer may exceed minimum regulations of tho
Little Rode subdivision and zoning ordinances.
-711 lo i _JVJV[��
City of Little Rock Planning Commission
State of Arkansas
County of Pulaski
RIVERSIDE PROPERTIES, LLC
By: &
Lisenne D. Rockef ler
Member and President
ACKNOWLEDGMENT
On this day of sae , 2001, before me, a notary public, duly
commissioned, qualified and acting within and for the state and county aforesaid,
appeared in person Lisenne D. Rockefeller, to me well known, who stated that she was a
member and president of Riverside Properties, LLC, an Arkansas limited liability
company, and was duly authorized to execute the foregoing instrument for and in the
name and on behalf of said limited liability company, and further stated and
acknowledged that she had so signed, executed and delivered the foregoing instrument
for the consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the
day and year first above written.
AVER- Ku" Notary Public
s1 � rLcWs
Doc# 2001052712
EXHIBIT A
PROPERTY DESCRIPTION
Part of the NE 1/4, NE 1/4, Section 1, T-1-N, R-14-W and part of the SE 1/4, SEIA, Section 36, T-
2-N, R-14-W, all in Pulaski County, Arkansas, being more particularly described as follows:
Commencing at the Northeast corner of said NE 1/4, NE 1/4; thence along the North line of said NE
1/4, NE 1/4, North 87°24'26" West 330.18 feet; thence South 02°08'02" West 492.83 feet to a point
on the proposed North right-of-way line of Chenal Parkway; thence along said proposed right-of-
way line North 74°06'56" West 724.64 feet; thence continuing along said proposed right-of-way line
on a curve to the left having a radius of 1019.93 feet, an arc distance of 97.97 feet and a chord
bearing and distance of North 76°52'02" West 97.93 feet; thence North 02°08'02" East 206.56 feet
to the Northeast corner of Lot 5, Riverside Properties Subdivision, said point also being the POINT
OF BEGINNING; thence North 875607" West 160.11 feet to a point on the East right-of-way line
of Kirk Road; thence along said proposed East right-of-way line North 01°57'31" East 103.64 feet;
thence continuing along said East right-of-way line North 01°08'55" East 126.37 feet; thence South
87°56'07" East 162.60 feet; thence South 02°08'02" West 230.00 feet to the POINT OF
BEGINNING, containing 37,020 square feet or 0.850 acres, more or less.
C:\WPDOCS\LEGALS\RIVERSIDE-lot4.wpd
Cit of Little Rock
Depar mem of
Public \Forks
2 Sr C CLR PUBLIC WORKS DEPT.
DATE
TO
AGENCY
FAX #
3 C FROM
�[ AGENCY
FAX r
l� PHONE ir
77 O TOTAL PAGES
lalw
o�/ Pa„ � OFF 0.07 —DI
,iee/d Md���„ems 6 f
NCCd ep� ?O F(
Ne
Engineerinq Division
7c1 Nest 1:.2r"27)
Little Rock. Alkans2s ':2:)1.13Z)0
371-4811 Ff.X -c50
IMGH�ir9er
CIVIL ENGINEERING RESPONSE
The Civil Engineering Requirements for Filing of Final Plats
have been satisfied. Approval for filing of this plat can
be issued `'Qopert;-.s 1,o-14
Signed By�u�
J u\
The
Mehlburger
Firm
Engineers ❑ Landscape Architects ❑ Surveyors
June 1, 2001
Mr. Monte Moore
City of Little Rock
Department of Planning & Development
723 West Markham
Little Rock, AR 72201-1334
Re: Final Plat for Lot 4, Riverside Properties Subdivision.
Dear Mr. Moore:
Please find attached 3 copies of the final plat for your review. I have also included a copy of
the Bill of assurance and the utility sign offs. I am delivering a copy to Dewayne Dixon for his
review.
If you have any questions or need additional information, please call.
Sincerely,
The Mehlburger Nrm, Inc.
Michael Watson, Survey Division Manager
attachments
cc: Mr. Dewayne Dixon
201 South Izard 11 P.O. Box 3837 11 Little Rock, AR 72203-3837 11 501/375-5331 o Fax 375-7452
City of Little Rock,Ark. 0541
Filing F eS
Date: ;.20
Annexation $
Bd.of Adjustment
Cond. Use Permit $
Final Plat $ Z`b
Planned Unit Dev. $
Preliminary Plat
Special Use Per pe
$ +�
Rezoning
:. JA_LL2001
Site Plans ,$,
CITY U
Right of way BUILDING CODE
abandonment $
Street name change $
Street name signs
Number at ea. I
Total $-t
File no. !6`-/2�-77 -<- /
Location ✓ ►-��.�en�'�
Applica t,
�y