HomeMy WebLinkAboutS-1312-C ApplicationTHIS INSTRUMENT PREPARED BY:
J. Cliff McKinney, Esq.
Quattlebaum, Grooms & Tull PLLC
111 Center Street, Suite 1900
Little Rock, Arkansas 72201
(501)379-1700
I 1111 2020006006
PRESENTED: 01 -28-2020 11:55:12 AM RECORDED: 01-28-2020 12:00:55 PM
In Official Records of Terri Hollingsworth Circuit/County Clerk
PULASKI CO, AR FEE $30.00
BILL OF ASSURANCE
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WHEREAS, Y&O Markham 1 LLC, a Delaware Limited Liability Company, and
Y&O Markham 2 LLC, a Delaware Limited Liability Company (collectively, "Grantors")
are the owners of the following described land lying in the City of Little Rock, Pulaski
County, Arkansas:
Grantors have caused the land described on Exhibit 1 to be surveyed and a plat (the
"Plat") thereof made, which is identified by the title of "Barrow Plaza Addition". This Bill
of Assurance and the Plat have been signed by said Grantors, and the Plat is recorded in
the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, as
Instrument Number WIP Grantors do hereby make this Bill of
Assurance to govern and control the and described in the Plat.
HEREAFTER, conveyances and descriptions of the property as shown on the Plat
shall be a proper and sufficient description thereof.
Lots 1 R and 2R, Barrow Plaza Addition, City of Little Rock, Pulaski County,
Arkansas, shall be conveyed by Grantors and shall be acquired by the grantees thereof
subject to the covenants contained herein and the Plat.
RIGHTS OF WAY: With the filing of this Bill of Assurance and the Plat in the
office of the Circuit Clerk of Pulaski County, Arkansas, the
rights -of -way shown on said Plat (if any) are hereby
dedicated to the City of Little Rock. The utility easements
shown thereon on dedicated to the approp:rate public
utilities.
TERM/AMENDMENT: This Bill of Assurance shall be in full force and effect in
perpetuity subject to the following amendment and
termination rights of the owners of the Property. This Bill
of Assurance may be amended or terminated at any time
from the date hereof by the unanimous written agreement of
the owners of Lots I and 2R. Grantors are mindful of the
decision in Rausch Coleman Homes, LLC v. Brech, 2009
Ark. App. 225 (the "Decision"), and do not wish for the
Decision to limit the ability of the parties to amend this Bill
of Assurance at any time and from time -to -time. Grantors
intend that this Bill of Assurance may be amended at any
time from the date hereof throughout the term of this Bill of
Assurance and expressly intend and agree that this Bill of
Assurance may be amended prior to any expiration or
termination date set forth herein.
RESTRICTIONS: Grantors and all future grantees of the property described in
this Bill of Assurance and the Plat specifically agree all
ordinances of the City of Little Rock shall be strictly adhered
to and followed and, should the Plat or this Bill of Assurance
be contrary, in any way, to the ordinances adopted oy the
City of Little Rock, from time to time, such ordinances shall
have precedence.
All buildings constructed on said lots shall be constructed no
nearer the street than the building line shown on the Plat, and
all buildings shall be constructed in conformance with the
Building Code and Zoning Ordinance of the City of Little
Rock, Arkansas.
IN WITNESS WHEREOF, Grantors do hereby set their hand and seal on this Bill
of Assurance.
Y&O Markham 1 LLC,
A Delaware Limited Liability Company
By:
Name:
Title:�.,r•-��-
Y&O Markham 2 LLC,
A Delaware Limited Liability
Title:
STATE OF AyaamcL )
ss
COUNTY OFPU[cCS�t )
On this day, before me, a Notary Public, duly commissioned, qualified and acting,
with and for said County and State, appeared in person the within named
u rc, Le, 1 , to me well known, who stated he/she was the
of Y&O Markham Y LLC, a Delaware Limited Liability
Company, and was duly authorized in such capacity to execute the foregoing instrument
for and in the name and on behalf of the company, and further stated and acknowledged
he/she had so signed, executed and delivered the foregoing instrument for the
consideration, uses and purposes therein mentioned and set forth.
IN TES 1MONY WHEREOF, I have hereunto set my hand and official seal this
a� day of AYWWZvi 20'Q .
No u is
My commission eex\pires:
(SEAL) TARA MITCHELL'
A.
PULASKI COUNTY -
NOTARY PUBLIC -- ARKANSAS
Expires Jul 15.20
STATE OF ) Commin No. 1239�t886 ,y.�
ss
COUNTY OF )
On this day, before me, a Notary Public, duly commissioned, qualified and acting,
with and for said County and State, appeared in person the within named
5%1[�✓1 to me well known, who stated he/she was the
of Y&O Markham 2 LLC, a Delaware Limited Liability
Company, and was duly authorized in such capacity tv execute the foregoing instrument
for and in the name and on behalf of the company, and fur`.her stated and acknowledged
he/she had so signed, executed and delivered the foregoing instrument for the
consideration, uses and purposes therein mentioned and set forth.
`, d IN TES IMONY WHEREOF, I have hereunto set my hand and official seal this
'day of h V , 2a .
No Pu li
My commission expires:
-11 I S 1-0-u-aa
(SEAL) TARAA. MITCHELL
PULASKI COUNTY
NOTARY PUBLIC—ARKANSA ,
My Commission Expires July 15,2023
Commission No. 12394886
EXHiRIT l
Part of Lot 1, Barrow Plaza Addition to the City of Little Rock, Arkansas and Part of Lot
1 Barrow Plaza Annex Addition to the City of Little Rock, Arkansas, more particularly
described as follows:
Beginning at a point on the southerly right of way of West Markham Street and the
Northwest corner of Lot 1, Barrow Plaza Annex Addition and a found 5/8" rebar, thence
along said southerly right of way South 87°29'48" East 168.45 feet to the Northeast corner
of Lot 1, Barrow Plaza Annex Addition, said point being the Northwest corner of Lot 1,
Barrow Plaza Addition, thence South 87°32'53" East 338.58 feet; thence South 86055'40"
East 201.79 feet to a found 1/2" rebar; thence leaving said right of way South 01036134"
West 118.61 feet to a found 3/8" rebar; thence South 86'57' 15" East 200.69 feet to a found
5/8" rebar and a point on the westerly right of way of John Barrow Road; thence along said
right of way and a curve to the left having a radius of 246.11 feet and chord bearing and
distance of South 32°50'21" East 167.84 feet; thence along said right of way South
52°40'55" East 176.49 feet; thence leaving said right of way South 01 °08'16" West 101.07
feet; thence North 87°42'40" West 979.70 feet to a point on the West line of Lot 1, Barrow
Plaza Addition, thence North 87°36'56" West 166.45 feet to a found 1/z" rebar with cap and
a point on the West line of Lot 1, Barrow Plaza Annex Addition; thence along the west line
of Lot 1, Barrow Plaza Annex Addition North O 1 ° 19' 16" East 465.02 feet to a point on the
southerly right of way line of West Markham Street and returning to the Point of Beginning,
containing 10.156 acres, more or less.
THIS INSTRUMENT PREPARED BY:
J. Cliff McKinney, Esq.
Quattlebaum, Grooms & Tull PLLC
I I I Center Street, Suite 1900
Little Rock, Arkansas 72201
(501)379-1700
iiiiiiiiiiiiiiiii 1111 2020006006
PRESENTED: 01-28-202011:55:12AM RECORDED: 01-28-2020 12:00:55 PM
In Official Records of Terri Hollingsworth Circuit/County Clerk
PULASKI CO, AR FEE $30.00
BILL OF ASSURANCE
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WHEREAS, Y&O Markham 1 LLC, a Delaware Limited Liability Company, and
Y&O Markham 2 LLC, a Delaware Limited Liability Company (collectively, "Grantors")
are the owners of the following described land lying in the City of Little Rock, Pulaski
County, Arkansas:
Grantors have caused the land described on Exhibit 1 to be surveyed and a plat (the
"Plat") thereof made, which is identified by the title of "Barrow Plaza Addition". This Bill
of Assurance and the Plat have been signed by said Grantors, and the Plat is recorded in
the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, as
Instrument Number . Grantors do hereby make this Bill of
Assurance to govern and control the and described in the Plat.
HEREAFTER, conveyances and descriptions of the property as shown on the Plat
shall be a proper and sufficient description thereof.
Lots 1R and 2R, Barrow Plaza Addition, City of Little Rock, Pulaski County,
Arkansas, shall be conveyed by Grantors and shall be acquired by the grantees thereof
subject to the covenants contained herein and the Plat.
RIGHTS OF WAY: With the filing of this Bill of Assurance and the Plat in the
office of the Circuit Clerk of Pulaski County, Arkansas, the
rights -of -way shown on said Plat (if any) are hereby
dedicated to the City of Little Rock. The utility easements
shown thereon on dedicated to the appropl Hate public
utilities.
TERM/AMENDMENT: This Bill of Assurance shall be in full force and effect in
perpetuity subject to the following amendment and
termination rights of the owners of the Property. This Bill
of Assurance may be amended or terminated at any time
from the date hereof by the unanimous written agreement of
the owners of Lots 1 R and 2R. Grantors are mindful of the
decision in Rausch Coleman Homes, LLC v. Brech, 2009
Ark. App. 225 (the "Decision"), and do not wish for the
Decision to limit the ability of the parties to amend this Bill
of Assurance at any time and from time -to -time. Grantors
intend that this Bill of Assurance may be amended at any
time from the date hereof throughout the term of this Bill of
Assurance and expressly intend and agree that this Bill of
Assurance may be amended prior to any expiration or
termination date set forth herein.
RESTRICTIONS: Grantors and all future grantees of the property described in
this Bill of Assurance and the Plat specifically agree all
ordinances of the City of Little Rock shall be strictly adhered
to and followed and, should the Plat or this Bill of Assurance
be contrary, in any way, to the ordinances adopted by the
City of Little Rock, from time to time, such ordinances shall
have precedence.
All buildings constructed on said lots shall be constructed no
nearer the street than the building line shown on the Plat, and
all buildings shall be constructed in conformance with the
Building Code and Zoning Ordinance of the City of Little
Rock, Arkansas.
IN WITNESS WHEREOF, Grantors do hereby set their hand and seal on this Bill
of Assurance.
Y&O Markham 1 LLC,
A Delaware Limited Liability Com any
By:
Name:
Y&O Markham 2 LLC,
A Delaware Limited Liability
Bve
Nam :5'�S'�1i�-�...r.�----
Title:u•ar-r„ ��
STATE OF Avaamu: )
) ss
COLTNTY OFPUIcs�-t )
On this day, before me, a Notary Public, duly commissioned, qualified and acting,
with and for said County and State, appeared in person the within named
A.—e uri C-1uraPll , to me well known, who stated he/she was the
of Y&O Markham 1 LLC, a Delaware Limited Liability
Company, and was duly authorized in such capacity to execute the foregoing instrument
for and in the name and on behalf of the company, and further stated and acknowledged
he/she had so signed, executed and delivered the foregoing instrument for the
consideration, uses and purposes theicin mentioned and set forth.
1N TESTIMONY WHEF.EOF, I have hereunto set my hand and official seal this
day of
My commission expires:
(SEAL)
STATE OF )
ss
COUNTY OF S )
Ntry YubAic
IV
TARA MITCHELL
A
PULASKI COUNTY
NOTARY PUBLIC--ARKANSAS
My CommMlon Expires July 15.24
Commission No.1239�4886
On this day, before me, a Notary Public, duly commissioned, qualified and acting,
with and for said County and State, appeared in person the within named
14/�L✓l _ to me well known, who stated he/she was the
of Y&O Markham 2 LLC, a Delaware Limited Liability
CompaM. , and was duly authorized in such capacity tc execute the foregoing instrument
for and in the name and on behalf of the company, and further stated and acknowledged
he/she Rad so signed, executed and delivered the foregoing instrument for the
consideration, uses and purposes therein mentioned and set forth.
ejl IN TES IMONY WHEREOF, I have hereunto set my hand and official seal this
day of V) VOM20'LO .
Not Pu 1 i
My commission expires:
-,11 s lqo-aa
(SEAL) TARA A. MITCHELL
PULASKI COUNTY
NOTARY PUBLIC --ARKANSAS
My Commission Expires July 15,2023
Commission No. 12394886
EXHIBIT 1
Part of Lot 1, Barrow Plaza. Addition to the City of Little Rock, Arkansas and Part of Lot
1 Barrow Plaza Annex Addition to the City of Little Rock, Arkansas, more particularly
described as follows:
Beginning at a point on the southerly right of way of West Markham Street and the
Northwest comer of Lot 1, Barrow Plaza Annex Addition and a found 5/8" rebar, thence
along said southerly right of way South 87°29'48" East 168.45 feet to the Northeast comer
of Lot 1, Barrow Plaza Annex Addition, said point being the Northwest corner of Lot 1,
Barrow Plaza Addition, thence South 87°32'53" East 338.58 feet; thence South 86°55'40"
East 201.79 feet to a found 1/2" rebar; thence leaving said right of way South 01°36'34"
West 118.61 feet to a found 3/8" rebar; thence South 86'57' 15" East 200.69 feet to a found
5/8" rebar and a point on the westerly right of way of John Barrow Road; thence along said
right of way and a curve to the left having a radius of 246.11 feet and chord bearing and
distance of South 32°50'21" East 167.84 feet; thence along said right of way South
52040'55" East 176.49 feet; thence leaving said right of way South 01 °08'16" West 101.07
feet; thence North 87°42'40" West 979.70 feet to a point on the West line of Lot 1, Barrow
Plaza Addition, thence North 87°36'56" West 166.45 feet to a found'/2" rebar with cap and
a point on the West line of Lot 1, Barrow Plaza Annex Addition; thence along the west line
of Lot 1, Barrow Plaza Annex Addition North 01 ° 19' 16" East 465.02 feet to a point on the
southerly right of way line of West Markham Street and returning to the Point of Beginning,
containing 10.156 acres, more or less.
City of Little Rock
Planning and Development
Filing Fees
Date N 1� , 20'.[
Annexation
$
Board of Adjustment
$
Cond Use Permit/T UP
$
Final Plat
$
Planned Unit Dev
$
Preliminary Plat
$
Special Use Permit
Rezoning
Site Plans
$ -rl 1
Street Name Change
Street Name Signs
� noJ)i�
Number at ea
$
Public Hearing Signs
Number at ea
$
Total
$
5-1-31-2—�
File No
Location_���V
Applicant
By