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Home My WebLink AboutS-1330-C ApplicationIII IIIII IIIIIIIIIIIIII IT I III IIIII III 2018062107 PRESENTED. 10-04-2018 08:58 05 AM RECORDED: 10-04.2018 09:05M AM In Official Records of Larry Crane Circuiticounty Clerk PULASKI CO, AR FEE $35.00 This instrument prepared by: Price C. Gardner FRIDAY, ELDREDGE & CLAIM LLP 400 West Capitol Avenue, Suite 2000 Little Rock, Arkansas 72201 AMENDED AND RESTATED BILL OF ASSURANCE KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS KIRK ROAD LAND, LLC, an Arkansas limited liability company (the "Lot IR Owner") and BILMOR, INC., a(n) :Fr,10;2c� corporation (the "Lot 2R Owner" and hereinafter collectively called "Owners"). WHEREAS, the Lot 1 R Owner and the Lot 2R Owner are currently the respective owners of Lot 1 and Lot 2, Kidco Addition to the City of Little Rock, Arkansas, as shown on the plat filed as Instrument Number 2011039439, records of Pulaski County, Arkansas (the "Fro er ") and the Property is subject to that certain Bill of Assurance filed as Instrument Number 2011039438, records of Pulaski County, Arkansas (the "Origginal Bill of Assurance" ; WHEREAS, the Owners desire to _re -plat the Property and relocate the previous access easements shown on the original Plat of record filed as Instrument Number 2011039439, records of Pulaski County, Arkansas (the "Orizinal Plat"; NOW THEREFORE, Owners, for and in consideration of the benefits to accrue to it, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat, showing a survey made by Gregory T. Sullivan, Registered Professional Land Surveyor dated October , 2018, and bearing a Certificate of Approval executed by the appropriate officials of the City of Little Rock, Pulaski County, Arkansas (the "City"), and showing the boundaries and dimensions of the Property now being re -platted into two (2) lots to be forever known as "Lots 1R and 2R Kidco Addition, an Addition to the City of Little Rock, Pulaski County, Arkansas"(the "Final Plat" and each a "Lot" or collectively, the "Lots") and the Owners desire to amend and restate the original Bill of Assurance in its eEanor ,the terms and conditions set forth herein; a&f �v 8 �� /There are shown on said Final Plat certain easements for drainagutilities which Owners hereby donates and dedicates to and for the use of public utilities, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, water, sewer and cable television with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities to use and occupy such easements, and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. FEC/ 10843.0067/6520649.3-10/2/ 18 There is shown on said Final Plat that certain thirty foot (30') foot wide access easement on Lot 2R for the exclusive use and benefit of the Owners and all successor owners of the Lots and their respective lessees, employees, agents, customers, contractors, licensees, and invitees in, to and on the Property for purposes of providing access, ingress and egress and for the installation and maintenance of utilities, over and across the easement area shown on the Final Plat for the purposes of unobstructed vehicular and pedestrian ingress and egress, free of charge, to and from the Property to and from Kirk Road. The access drives shall be kept, maintained and repaired in a "first class" manner and condition by the Lot 2R Owner and all successor owners of Lot 2R. The duty to perform maintenance upon and make repairs to the access drive shall be the obligation of the then current owner of Lot 2R and the cost of maintenance and repairs to the access drive shall be allocated and paid fifty percent (50%) by each then current Lot owner. The Lot IR Owner shall reimburse the Lot 2R Owner for its allocation of said cost within thirty (30) days after receipt of a statement tendered by the Lot 2R Owner. The Lot IR Owner's failure to pay the Lot I Owner's share of such costs within thirty (30) days of invoice shall constitute a lien on Lot I enforceable by the Lot 2R Owner in accordance with applicable law. Nothing herein shall create or be construed to create any rights in and/or for the benefit of the general public in or to the easement areas or constitute any dedication of the easement area to or for the benefit of the general public. There is shown -on said Final Plat the thirty foot (30') foot wide access and utility easement on Lot IR previously established on Lot 2 by the Original Plat and the Original Bill of Assurance. Effective upon the filing of the Final Plat and the replat of the property encumbered by the easements previously a part of Lot 2 as part of Lot 1 R, the access easement is hereby relocated to Lot 2R as shown on the Final Plat and abandoned on that portion of Lot 1R; provided, however utility easement shown on Lot 1R shall remain in full force and effect. The Lot 2R Owner acknowledges and agrees that neither the Lot 2R Owner and nor any successor owner of Lot 2R or their respective lessees, employees, agents, customers, contractors, licensees, and invitees shall have any right or claim for purposes of access, ingress and egress and for the installation and maintenance of utilities, over and across any portion of Lot IR. The Property will be developed as an office and institutional development consistent with the existing 0-2 Zoning covering the Property and the existing restrictions and the requirements of the City; These covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming from the date these covenants and restrictions are recorded, after which time said covenants and restrictions shall be automatically extended for successive periods of 25 years, unless an instrument signed by the Owners (if still an owner of any portion of the Property) or, if not, the then owners of all of the Property shown on the Final Plat has been recorded, agreeing to change said covenants and restrictions in whole or in part. These covenants and restrictions shall not be amended, canceled or supplemented unless an instrument signed by the Owners (if still an owner of any portion of the Property) or, if not, the then owners of all of the Property shown on the Final Plat is placed on record agreeing to FEC/]0843.0067/6520649.3-]0/2/18 change the covenants and restrictions in whole or in part, and any change must be approved by the City's Planning Commission. In the event of any attempt to violate any of the covenants or restrictions herein, before the expiration date hereof, it shall be lawful for any person or persons owning a lot or lots in said addition to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction, and either to prevent him or them from so doing or to recover damages or other dues for such violation. The invalidation of any -one of these covenants or restrictions by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. The filing of this Amended and Restated Bill of Assurance shall amend and restate in its entirety that certain Original Bill of Assurance filed as Instrument Number 2011039438, records of Pulaski County, Arkansas, which Original Bill of Assurance shall become null and void and the Property is hereby released from the restrictions and obligations thereunder. The filing of this Amended and Restated Bill of Assurance and the Final 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 and dedication of the streets and easements subject to the limitations herein. EXECUTED this 3 day of October, 2018. ilavimed only fcr lndusicn of minlmoun !, wx: li roquired by tho City of Little flock sM/Edon rcji?a,ions. BIN of Assurinca provisicinn ns! davelopor may exC+�%xill min�mr�m r.•,.,...:.. �s�, Rock subdivis w and zoning ordocr:�^_ - --10-1g12Zm MDT T Wo Rock Ptartn1M rorrmis_-ion LOT 1R OWNER: KIRK ROAD LAND, LLC By: K and D Huchingson Limited Partnership, LLLP Its Manager By: K and D Huchingson Investments, LLC General Partner By: - Kevin Huchingson, Manager LOT 2R OWNER: BILMOR, INC. By: C nthia A. Morgan, President FEC/10843.0067/6520649.3-10/2/18 EXHIBIT "A" DESCRIPTION OF PROPERTY Lot 1R and Lot 2R, Kidco Addition, an Addition to the City of Little Rock, Arkansas, being a replat of Lot 1 and Lot 2, Kidco Addition, an Addition to the City of Little Rock, Arkansas, as shown on plat recorded as Instrument Number 2011039439, records of Pulaski County, Arkansas PEC/10843.0067/6520649.3- 10/2/ l8 ACKNOWLEDGMENT STATE OF ARKANSAS ) <;aj!" ) SS. COUNTY OF,EULAS*U ) On this the day ofC. i� 2018, before me, the undersigned officer, personally appeared Kevin Huchingson who acknowledged himself to be the Manger of K and H Huchingson Investments, LLC„ the general partner of K and D Huchingson Limited Partnership, LLLP, the Manager of KIRK ROAD LAND, LLC, an Arkansas limited liability company, being authorized so to do, executed the foregoing instrument in his capacity as manager of the limited liability company for the consideration uses and purposes therein contained. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal. �4A'(-ULCk NOTARY PUBLIC My commission expires: ,� 'iw•., sWON K POKIL MY rOMMISSION # 123470 nnin : � E}1plFtE3: AplN 15, 2U28 ACKNOWLEDGMENT STATE OF '`�►'vN - C � ) } ss. COUNTY OF )HEI-by ) On this the 34 da of 2018 before me the undersigned officer, personally appeared BILMOR, INC., a(n) foregoing instrument therein contained, Cynthia A. Morgan who acknowledged herself to be the President of in her capacity as corporation, being authorized so to do, executed the such officer for the consideration uses and purposes IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal. �4suTE • ,�'�+IOTARY PUBLIC s OF ` • TENNESSEE My commission expires: NOrARr c PUBLIC FEG 10843.0067/6520649.3-10/2/ 18 E k 6�3 4W gip�pii[ a��a Aga, °.� $000 Y'�ffi3 � F�£ir x I I n jig I gym r ' I A xs I I + — �T' �g - _ 4 o g I R> � r Y '3 •�� its �,.xR I ®� 0 o Fi 7;� mo s I g•�� g 3 ixsmurtrr xo T111019119 W - ■ E � ! - b.ST ■� ^� I - Q S m' Y if • TIP• 14 � f0�' iC • IL]Y _ LL� I _ ■�n�P� B v �� Q a KIRK RD, I I 8a r>� ROW VARIES s�Fz �, �j�t ��`1� 1111I1I IIIII I R �" �; `•i - '�� 'cnmxZ ! ,p. 0S P� CI• -€ '.�� i%L�1� i .-.r ,,.�� . o ? O Z O AoR;m� � � 5•�77 a�� j'1111 lllllll11111111� :7� I ~'S r �lo�Faf 1 i I•anA CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: KIDCO LOTS 1R & 2R INSPECTOR REPORT 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 1 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. sheet 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. CIVIL ENGINEER REPORT 1 have reviewed the file for this matter and find that: l ICJ Traffic Engineer Date: 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. SURVEYOR REPORT Civil Engineer 1/11 I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. Surveyor MANAGER AP VAL All Civil Engineering requirements for tiling this final plat have been satisfied. Date: �. Design Review Engineer/Civil Engineering Manager Effective: Aug 23, 2018 Date: Date: 4b "Z"-4 C& Craftion Tull architecture I engineering I surveying 10825 Financial Centre Parkway, Suite 300 Little Rock, Arkansas 72211-3554 Ph. (501) 664-3245 • Fx. (501) 664-6704 www.craftontull.com TO: rinnnn .lamas City of Little Rock Planning 723 W. Markham Little Rock, AR 72201 WE ARE SENDING YOU: ❑X Attached ❑ Shop drawings ❑ Prints ❑ Copy of letter ❑ Change order LETTER OF TRANSMITTAL DATE: October 9, 2018 JOB NO.: 18803500 ATTENTION: Donna James BILL GRP: RE: Lots 1 R & 2R Kidco Addition ❑ Under separate cover via ❑ Plans ❑ Computer Storage L the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 4 Recorded Final Plat Recorded Bill of Assurance 1 THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For approval ❑ Permitted ❑X For your use ❑ Permitted with corrections noted ❑X As requested ❑ Revise and resubmit ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 REMARKS: Please call if you have any questions. TRANSMITTED BY: ❑ Mail ❑X Courier 1 .I Fed -Ex ] Other COPY TO: File EFL: Kidco Addition Final Plat-CLR Transmittal-10.09.18.xlsm ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US DELIVER BY: SIGNED: Greg Sullivan Last Saved By: sh1061 @ 4(7I06 11:49 AM