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HomeMy WebLinkAboutS-1240-P Application11111111 IIIII II III I IIIIII III 11111111111 2021026484 •t,•ati ,y,{ ��, +, PRESENTE0:041fr2021 03:11:58 PM RECORDED: 04-16-2021 03:11:58 PM This Instrument Prepared by: �•':�1 In Official Records of Terri Hollingsworth Circuit/County Clerk Heartsill Ragon III Gill Ragon Owen, P.A. 3 PULASKI CO, AR FEE $30.00 = �' ,,�f;i;.' 425 West Capitol Avenue 38th Floor Little Rock, AR 72201 frf,1111+11,fJBILL al~ ASSURANCE This Bill of Assurance is executed as of �-f'n ! , 2021 by Crain Investments, L.P., an Arkansas limited partnership ("Owner"). Whereas, Owner is the sole owner of the following described real property located in Little Rock, Pulaski County, Arkansas (the "Real Property"): Lot 1, 1-430-Colonel Glen Commercial Subdivision City of Little Rock, Pulaski County, Arkansas; Whereas, in order to enhance the value of the Real Property, the Owner deems it advisable for the Real Property to be reconfigured and subdivided into those lots that are more fully illustrated on the Plat (defined below), with the understanding that said Real Property shall hereafter be held, owned and conveyed subject to those covenants and conditions set forth herein and pursuant to Arkansas Code Annotated section 18-12-103, as amended; NOW, THEREFORE, Owner, for and in consideration of the benefits to accrue to it, its successors, and its assigns, which benefits it acknowledges to be of value, has caused and does hereby cause to be made and prepared by Eric Holloway, Registered Land Surveyor Number 1803 and dated as of , 2021 a plat entitled: Replat of Lot 111 and 1A of the 1-430 Colonel Glenn Commercial Subdivision to the City of Little Rock, Pulaski County, Arkansas bearing a Certificate of Approval executed by the Little Rock Planning Commission, and filed of record, pursuant to Arkansas Code Annotated section 14-41-201 et seq., and other applicable law, in the office of the Clerk and Ex-Officio recorder in Pulaski County, Arkansas, on 2021, in Plat Book , and Page illustrating and reflecting the bounds and dimensions of the Real Property along with the lots created pursuant thereto and illustrated thereon (the "Plat"). The Real Property shall be forever known, laid off and platted as: Lot 1R and 1A of the 1-430 Colonel Glenn Commercial Subdivision City of Little Rock, Pulaski County, Arkansas Hereafter, any conveyance of any portion of the Real Property by reference to the lot number illustrated and identified on the Plat shall be a proper and sufficient legal description thereof. The Real Property and any lots or interest therein shall be held, owned, and/or conveyed subject to and in conformity with the following restrictive covenants, which restrictive covenants shall remain valid and enforceable for a period extending 30 years from the date hereof, and shall be extended as set forth below: 1. Ingress/Egress; Utility Easements. The Owner does hereby reserve into itself and into its successors and assigns, and their respective agents, employees, guests and invitees forever, an ingress and egress easement over and across all curb cuts, private drives, parking areas, and other permanently paved portions of the Real Property that are more fully illustrated on the Plat, subject to any reasonable operational rules and limitations that the Owner or its successors and assigns might subsequently determine and specify in writing. In furtherance and clarification of the foregoing, any subsequent owner of Lot 1A along with said owner's agents, employees, guests and invitees, shall possess the right of ingress and egress over the curb cuts, private drives, parking areas and other permanently paved portions of Lot 1R, and shall possess the right to park automobiles and vehicles thereon during limited periods of time when visiting that business located on Lot 1A. Correspondingly, any subsequent owner of Lot 111 along with said owner's agents, employees, guests and invitees, shall possess the right of ingress and egress over the curb cuts, private drives, parking areas and other permanently paved portions of Lot 1A, and shall possess the right to park automobiles and vehicles thereon during limited periods of time when visiting that business located on Lot 1R. With regard to any and all utility easements that are illustrated on the Plat, said utility easements are hereby dedicated to the public and may be utilized by any public utility in connection with the installation, maintenance and administration of any water, wastewater, natural gas, electricity or other utility service lines or related appurtenances. No trees, shrubbery, structures, buildings, fences, pavement, or similar improvements shall be grown, built, or maintained upon any of said easements. 2. Maintenance; Indemnification; Insurance. The Owner alongwith each subsequent owner of Lot 1A and/or Lot 1R agrees to maintain all curb cuts, private drives, parking areas and other permanently paved portions of their respectively owned property in accordance with those maintenance standards that are otherwise observed by first class retail facilities located within the Little Rock, Arkansas metropolitan area. Each subsequent owner of Lot 1A and/or Lot 111 further agrees to indemnify and hold harmless the other owner from and against any property damage or other liability that might arise to an owner's property as a result of the negligence or misconduct of the other owner or the other owner's agents, employees, guests and/or invitees. In furtherance thereof, each owner agrees to obtain and always maintain, or cause to be obtained and maintained, property damage, casualty and liability insurance that shall provide coverage against the indemnification obligations set forth herein. Each owner shall provide the other with proof of the maintenance of such insurance on an annual basis or more frequently if requested, and each such insurance policy shall list the other owner as a coinsured/co-loss payee thereunder with regard to the indemnification obligations set forth herein. 2 3. Setback Requirements, Building Code Zoning Ordinances. The Real Property is additionally subject to those additional building setback requirements, if any, and other applicable building codes and zoning ordinances that the City of Little Rock, Arkansas may adopt or modify from time to time. 4. Property Lines and Boundaries. Iron pins have been set on all corners of the Real Property. In the event of minor discrepancies between the dimensions or distances as shown on the Plat and the actual dimensions or distances as disclosed bythe established iron pins, said iron pins, as set, shall control. 5. Right to Enforce. The restrictive covenants on the Real Property herein set forth shall run with the land and shall bind all present and future owners of the Real Property and/or any lots encumbered hereby, including any and all successors and assigns of, and all parties claiming by, through, or under said owners. The owner or owners of any such lot or any portion of the Real Property hereby restricted shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of orto enforce the observance of the restrictive covenants set forth herein, in addition to ordinary legal action for damages. Failure bythe Owner, or its successors or assigns, or any owner or owners of the Real Property to enforce any of the restrictive covenants herein set forth at the time of their violation shall, in no event, be deemed to be a waiver of the right to do so thereafter. 6. Extension. All restrictive covenants herein set forth, for which extension is not otherwise provided in this instrument, shall automatically be extended for successive periods of 10 years each unless modified, terminated, or canceled as provided herein. 7. Amendment. The Owner reserves the right to amend and/or modify the terms and conditions of this Bill of Assurance at any time in order to cure ambiguities set forth herein, conform the provisions hereof with applicable governmental rules and regulations, or otherwise clarify the intentions of the Owner asset forth herein. Moreover, this Bill of Assurance can further be modified or amended at anytime pursuant to the written consent of the subsequent owners of the Real Property. All such amendment shall be reduced to writing and filed of record in the office of the Circuit Clerk and Ex officio Recorder in and for Pulaski County, Arkansas. 8. Severability. Invalidation of any restrictive covenants set forth herein or any part thereof by an order, judgment, or decree of any court, or otherwise, shall not invalidate or affect any of the other restrictive covenants, or any part thereof as set forth herein, and said restrictive covenants shall remain in full force and effect. This Bill of Assurance is executed as of the date first set forth above. Crai By: Title 3 State of Arkansas ) ACKNOWLEDGMENT County of On this the C: day of=�., 2021, before me, CaA �tf-n C Jf0J the undersigned officer, personally appeared Larry o�,Qo.,�+-a.� of Crain Investments, L.P., known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and for the consideration, uses, and purposes therein contained. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this ��\ day of .,.1 2021. 4 Notary Public My Commission Expires: CATHLEEN CAVENQER ArkaMas - Pulaski County Notary Public - Comm# 12396827 My Commission Expires dan 22. 2024lp I:\HHR\BLUE WHALE DEVELOPN=-BAILEY, HARKINS, FLAKE\11281 COLONEL GLENN-STARBUCKS, CIRCLE K\BILL OF ASSURANCE--REPLAT, CROSS EASEMENTSMOC 4 CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: I-430 COLONEL GLENN COMMERICAL LOTS 1A & I I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certain Improvements remain uncompleted and a punch list has been prepared and sent. Engineering Specialist Date: ADDRESSING SPECIALIST REPORT I have reviewed the plat and find that the street names and street configuration are acceptable. Addressing Specialist Date:_ TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, striping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. street signs should be ordered and billed to developer. Work orders have been prepared for signage. Certain improvements remain uncompleted and a punch list has been prepared and sent. Approved engineering drawings for streetlight system have been received and approved. Applicant is responsible to furnish as -built drawings once streetlights have been installed. Traffic Engineer Date: CIVIL ENGINEER REPORT 1 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. As -built drainage plans in electronic form have been submitted. All other requirements for final plat approval have been satisfied. Civil Engineer I/II Date - SURVEYOR REPORT I have reviewed the plat and find that: All requirements for Final plat approval have been satisfied. Surveyor Date: I/- —ey— MANAGE APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. Date; 4-6-21 Design Review Engineer/Civil Engineering Manager Effective: April 5, 2021 City of Little Rock Planning and Development Filing Fees Date° (0 , 20 Annexation Board of Adjustment Cond Use Permit/T U P Final Plat Planned Unit Dev Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number at Public Hearing Signs Number at _ea Total Fil Lo Ap By ea $ $ e E0-12(,rru No"L I � Cation ! — J V �� Inn V r°�. � plicant 1941 HOLLOWAY ENGINEERING '„R" DATE 200 CASEY OR MAUMELLE, AR 72113 81-275/829 �-- AMOUNT 2 1941 r 16, 202$ ******$210.00 0 Memo: I-430 REPLAT FEE Two Hundred Ten and 00/100 Dollars PAY TO THE ORDER OF: 8 CITY OF LITTLE ROCK 9 r RI AUTHOAIZED SIGNATURE 11,00 J94 Lii3 1:08 290 2757': 050 27564 L6ii' From: brandi@holloway-eng.com <brandi@holloway-eng.com> Sent: Thursday, April 8, 20218:47 AM To: Morris, LaSonya M. <Imorris@littlerock.gov> Subject: FW: [External Email] Fwd: Replat of Lot 1 1-430 Colonel Glenn Commercial This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. LaSonya, Here is our last utility approval for the Replat of Lot 1 I-430 Colonel Glenn Commercial. Sincerely, Brandi Arps Holloway Engineering, Surveying & Civil Design, PLLC 200 Casey Drive Maumelle, AR 72113 Office: 501-851-3366 Fax: 501-851-3368 Mobile: 501-247-0414 Email: brandi@holloway-eng.com lCI HOLLOWAY ENGINEERING MJRYF.YYNG& CFYIII. UF_iN:N From: Gober, Adam P <adam.sober@centerpointenerey.com> Sent: Thursday, April 8, 2021 8:34 AM To: brandi@holloway-eng.com Cc: Bates, Joni B <'oni.bates center ointener .com> Subject: RE: [External Email] Fwd: Replat of Lot 1 1-430 Colonel Glenn Commercial Brandi, CenterPoint Energy approves this replat. Thank you, Adam P. Gober &AWO—Pow. Engineer I AR/OK Region 501.377.4737 w. 1501.541.7509 c. CenterPointEnergy.com ()0(D From: Bates, Joni B <ioni.bates@centeroointenergy.com> Sent: Wednesday, April 7, 20212:12 PM To: Gober, Adam P<adam.gober@centerpointenergy.com> Subject: FW: [External Email] Fwd: Replat of Lot 1 1-430 Colonel Glenn Commercial Adam: Please have someone review. Thanks, Joni From: brandi@holloway-eng.com <brandi@holloway-eng.com> Sent: Wednesday, January 20, 2021 9:28 AM To: 'Andrew Pownall' <Andrew.Pownall@carkw.com>; 'Jeremy Henderson' <ieremy72211@5bcglobal.net>;'Henderson, Jeremy' <ihende9@entergy.corn>;'JOHN CURTIS" <JG0866@att.com>;'Joni B." <ioni.bates@centerpointener y�>;'vince.hotho@lrwra.com' <vi nce.hotho@ irwra.corn>;'john.shrock@fidelitycommunciations.com' <Oohn.shrock fidelit communciations.com>;'JasonLowder'<Jason.Lowder@carkw.com> Cc:'mark redder' <mark@hot _loway-enQ com> Subject: FW: Replat of Lot 1 1-430 Colonel Glenn Commercial Good morning. Can everyone please review the attached and give us your comments or approval so we can file a Replat? Sincerely, Brandi Arps Holloway Engineering, Surveying & Civil Design, PLLC 200 Casey Drive Maumelle, AR 72113 Office: 501-851-3366 Fax: 501-851-3368 Mobile: 501-247-0414 Email: brandi@hollowaV-eng.com HOLLOWAY ENGINEERING S JQVF..YIMG & CIYII. l)FSKM From: mark redder <mark@hollowav-eng.com> Sent: Monday, January 18, 2021 11:23 AM To: Worris@littlerock.gov; mmoore littlerock.gov Cc: Brandi Arps <brandi@hollowav-en .corn>; Eddie Bailey <Eddie bwdevelo ment.com>; James Harkins<i.harkins@bwhaledevelopment.com>; Eric Holloway <eric hollowa -en .com> Subject: Replat of Lot 1 1-430 Colonel Glenn Commercial Monte/LaSonya, Please review this replat for us, I have also attached for your information the preliminary site plan of each lot and the ALTA survey of the existing Lot 1. Thanks, Mark Mark Redder LEED@AP Holloway Engineering, Surveying & Civil Design, PLLC 200 Casey Drive, Maumelle, AR 72113 Office: 501-851-3366 Mobile: 501-765-0099 lul HOLLOWAY ENGINEERING SURVEYING & CIVIL DESIGN brandi@hollowa -en .com From: Jason Lowder <Jason.Lowder@carkw.com> Sent: Tuesday, February 9, 2021 2:48 PM To: brandi@holloway-eng.com Cc: mark@holloway-eng.com Subject: RE: [External] FW: Replat of Lot 1 1-430 Colonel Glenn Commercial Central Arkansas Water approves with no comments. Respectfully, Jason Lowder, Engineering Technician jason.lowder@carkw.com 501-377-1245 ia'�WL19ter From: brandi@holloway-eng.com <brandi@holloway-eng.com> Sent: Monday, February 08, 2021 4:11 PM To: Jason Lowder <Jason.Lowder@carkw.com> Cc: mark@holloway-eng.com Subject: [External] FW: Replat of Lot 1 1-430 Colonel Glenn Commercial ICAUTION:j This email originated from outside of the CAW. ❑❑ not click links or open attachments unless you recognize the sender and know the content is safe. Jason, Sorry here are the attachments. Sincerely, Brandi Arps Holloway Engineering, Surveying & Civil Design, PLLC 200 Casey Drive Maumelle, AR 72113 Office: 501-851-3366 Fax: 501-851-3368 Mobile: 501-247-0414 Email: brandi@holloway-eng.com Please review this replat for us, I have also attached for your information the preliminary site plan of each lot and the ALTA survey of the existing Lot 1. Thanks, Mark Mark Redder LEED@AP Holloway Engineering, Surveying & Civil Design, PLLC 200 Casey Drive, Maumelle, AR 72113 Office: 501-851-3366 Mobile: 501-765-0099 1911 14OLLOWAY ENGINEERING rpSURVEYING & CIVII. DESIGN From: mark redder Sent: Friday, January 22, 2021 7:21 AM To: Vincent Hotho; harold.hounwanou@lrwra.com Subject: Re: Replat of Lot 1 1-430 Colonel Glenn Commercial Vince, I think this is better than trying to extend a main. please call and we'll talk about it. Thanks, Mark On Thu, Jan 21, 2021 at 4:03 PM mark redder <mdr40z@gmail.com> wrote: Vince, I've added a main extension that I think will work and added an invert that is not cast in stone but we have plenty of depth in the existing MH to work with. I know it will be a challenge out there to miss all the utilities so I'm glad the main is deep. My other alternative would be to route the Starbucks to the existing MH and the lateral the Circle K into the line along Colonel Glenn whichever you prefer. Let me know please. Thanks, Mark On Thu, Jan 21, 2021 at 10:18 AM Vincent Hotho <Steven.Hotho Irwra.com> wrote: A 10' sewer easement must be retained for existing sewer mains along David O'Dodd and Colonel Glenn, however the sewer service connections for the proposed convenience store and Starbuck's will NOT be approved as submitted. A separate sewer service line is required for each building and must connect to the sewer main within its own lot lines as platted. You may not cross another property with a sewer service, and you may not connect 2 service lines to create a community service. Prior to approval of any building permit, each proposed location must provide us with their kitchen and plumbing plans so we can review and size the required grease interceptors. Thank you, Vince Hotho During this COVID-19 health crisis, LRWRA is continuing to provide customer service while implementing safety precautions to protect residents and employees. There may be a slight delay in email correspondence, but we will respond as soon as possible. S. Vincent Hotho, P.E. Engineering Manager 0 From: mark redder <mark hollows -en .com> Sent: Monday, January 18, 2021 11:23 AM To: LMorris littlerock.gov; mmoore@littlerock.gov Cc: 8randi Arps <brandi hollowav-eng.com>; Eddie Bailey <Eddie _ bwdevelopment.co_m>; lames Harkins <i,harkins bwhaledevelopment.com>; Eric Holloway <eric@hollowav-eng.com> Subject: Replat of Lot 1 1-430 Colonel Glenn Commercial Monte/LaSonya, Please review this replat for us, I have also attached for your information the preliminary site plan of each lot and the ALTA survey of the existing Lot 1. Thanks, Mark Mark Redder LEED@AP Holloway Engineering, Surveying & Civil Design, PLLC 200 Casey Drive, Maumelle, AR 72113 Office: 501-851-3366 Mobile: 501-765-0099 0 Mark Redder 1-501-745-6723 home brandi@hollowa,V-e�,�ng.com From: GURLEY, JOHN CURTIS <JG0866@att.com> Sent: Thursday, January 21, 2021 11:23 AM To: brandi@holloway-eng.com Subject: FW: Replat of Lot 1 1-430 Colonel Glenn Commercial Attachments: C1.00.pdf; C1.00.pdf; FINAL PLAT 2020-157.pdf; ALTA SURVEY 2020-157.pdf AT&T approves the final plat of LOT 1 as shown in the attached file. John Gurley MGR OSP Engineering 501-707-8223 From: brandi@holloway-eng.com <brandi@holloway-eng.com> Sent: Wednesday, January 20, 2021 9:28 AM To: 'Andrew Pownall' <Andrew.Pownall@carkw.com>; 'Jeremy Henderson' <jeremy72211@sbcglobal.net>; 'Henderson, Jeremy' <jhende9@entergy.com>; GURLEY, JOHN CURTIS <JG0866@att.com>; 'Joni B." <joni.bates@centerpointenergy.com>; vince.hotho@lrwra.com; john.shrock@fidelitycommunciations.com; 'Jason Lowder' <Jason.Lowder@carkw.com> Cc:'mark redder' <mark@holloway-eng.com> Subject: FW: Replat of Lot 1 1-430 Colonel Glenn Commercial Good morning. Can everyone please review the attached and give us your comments or approval so we can file a Replat? Sincerely, Brandi Arps Holloway Engineering, Surveying & Civil Design, PLLC 200 Casey Drive Maumelle, AR 72113 Office: 501-851-3366 Fax: 501-851-3368 Mobile: 501-247-0414 Email: brandi@holloway-eng.com I'llIm F101_LOWAY ENGINEF.III NG tiunvrviHa & Civic ursrc,N From: mark redder <mark@holloway-eng.com> Sent: Monday, January 18, 2021 11:23 AM To: LMorris@littlerock.gov; mmoore@littlerock.goy brandi@holloway-eng.com From: john schrock <jschr7105@gmail.com> Sent: Wednesday, January 20, 2021 11:56 AM To: brandi@holloway-eng.com Subject: Re: FW: Replat of Lot 1 1-430 Colonel Glenn Commercial Fidelity does not have anything in that area. On Wed, Jan 20, 2021 at 9:58 AM <brandi@holloway-en.ccvm> wrote: BrandiArps Holloway Engineering, Surveying & Civil Design, PLLC 200 Casey Drive Maumelle, AR 72113 Office: 501-851-3366 Fax: 501-851-3368 Mobile: 501-247-0414 Email: brandi@holloway-eng.com n I HOLLOWAY ENGINEERING mirror t4c. & C:P111. grti1GN From: brandi@holloway-eng.com <brandi holIowav-eng.com> Sent: Wednesday, January 20, 2021 9:28 AM To:'Andrew Pownall' <Andrew.Powna11@carlc_w.com>;'Jeremy Henderson' <ieremv72211@sbclrlobal.net>; Henderson, Jeremy' <jhende9@enterkv.com>;'JOHN CURTIS" <1G0866@att.com>;'Joni B." <'oni.bates center ointener .com>; 'vince.hotho Irwra.com' <vince.hotho@lrwra.com>; 'ohn.shrock fidelit communciations.com'<'ohn.shrockc fidelit communciations.com>;'Jason Lowder' Monte/LaSonya, Please review this replat for us, I have also attached for your information the preliminary site plan of each lot and the ALTA survey of the existing Lot 1. Thanks, Mark Mark Redder LEED@AP Holloway Engineering, Surveying & Civil Design, PLLC 200 Casey Drive, Maumelle, AR 72113 Office: 501-851-3366 Mobile: 501-765-0099 HOLLOWAY ENGINEERING SURVEYING & CIVI1. DESIGN From: mark redder <mark@hollowav-enfl.com> Sent: Monday, January 18, 2021 11:23 AM To: LMorris littlerock.pov; mmoore littlerock.gov Cc: Brand Arps <brandi@hollowav-eng.com>; Eddie Bailey <Eddie@bwdeveiopment.com>; James Harkins <i. ha rki ns@ bwhaledevelopment.com>; Eric Holloway <eric _ hollowav-eng.com> Subject: Replat of Lot 1 1-430 Colonel Glenn Commercial Monte/LaSonya, Please review this replat for us, I have also attached for your information the preliminary site plan of each lot and the ALTA survey of the existing Lot 1. Thanks, Mark Mark Redder LEED@AP Holloway Engineering, Surveying & Civil Design, PLLC 200 Casey Drive, Maumelle, AR 72113 Office: 501-851-3366 Mobile: 501-765-0099 HOLLOWAY ENGINEERING INSURVEYING & C:IVII. DESIGN This message is intended for the exclusive use of the intended addressee. If you have received this message in error or are not the intended addressee or his or her authorized agent, please notify me immediately by e-mail, discard any paper copies and delete all electronic files of this message.