HomeMy WebLinkAboutS-1413-D ApplicationCity of Little Rock
Planning and Development
Filing Fees
Date 1 , 20�
Annexation
$
Board of Adjustment
$
Cond Use Permit/T UP
$
Final Plat
$ 1
Planned Unit Dev
$
Preliminaiy Plat
$
Special Use Permit
Rezoning
$
Site Plans
$
Street Name Change
$ s
Street Name Signs
Number at ea
$
Public Hearing Signs
Number at ea
$
Total
File No
Location
,n
2013061771 Received: 8/2112013 2:33:33 PM
Recorded: 08/21/2013 02:41:23 PM Filed &
Recorded in Official Records of Larry Crane,
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $60.00
This Instrument Prepared by:
Price C. Gardner
FRIDAY, ELDREDGE & CLARK, LLP
400 West Capitol Avenue, Suite 2000
Little Rock, Arkansas 72201
BILL OF ASSURANCE
FOR LOT 1, VILLAGE AT BRODIE CREEK
THIS BILL OF ASSURANCE (this "Bill of Assurance") is made as of the
day of
s, •�ul , 2013, by LLEJ LOT I, LLC, an Arkansas limited liability company ("LLEJ" or hereinafter
referred to as the "Grantor").
RECITALS
WHEREAS, the Grantor is the fee owner of and has caused the lands described on Exhibit A-
1 attached hereto (the "Property") to be surveyed by White-Daters, Inc., and a final plat made thereof,
identified by the title "Lot 1, Village at Brodie Creek, an Addition to the City of Little Rock, Arkansas" ("Lot
1"). The proposed plat bears the signatures and seals of Timothy C. Daters, Registered Professional Engi ner,
and Paul White, Registered Professional Land Surveyor (the "Plat"), a copy of which is attached hereto as
Exhibit A-2 and made a part hereof; P LPc 1 LV 1 -�)v Lp I —1Z
WHEREAS, the Property is subject to certain covenants, restrictions and charges set forth in that
certain Declaration of Restrictions and Covenants The Village at Brodie Creek Addition dated December 20,
2012, and recorded as Instrument 2012084291 on December 21, 2012, in the Official Records of the Pulaski
County, Arkansas Circuit/County Clerk (the "Declaration") and other recorded easements; and
WHEREAS, the Grantor hereby establishes, to the fullest extent permitted by law, certain additional
covenants, restrictions and obligations (collectively, the "Restrictions") as are hereinafter set forth, subject to
which all of Lot 1 shall be improved, held, exchanged, leased, sold and/or conveyed. Each of the Restrictions
is imposed upon Lot 1 as an equitable servitude. Each of the Restrictions shall creat: a private contract and
estate between current and future owners of Lot 1 and their successors and assigns keach an "Owner"); and
they shall be and operate as covenants running with the land for the benefit of the Property in each and every
part and portion thereof.
NOW, THEREFORE, in consideration of the foregoing, and the covenants and agreements set forth
herein, the Grantor agrees as follows:
Design and Construction of Buildings - (a) Grantor must approve all initial construction on
Lot 1, including architectural theme, design, color, access, fencing and parking, said approval not to be
28276.0018/2236176.3
unreasonably withheld. If following initial construction of buildings on Lot 1, the existing exterior of any then
existing building or exterior building or enclosure is substantially remodeled or there is a rebuilding following
a casualty, then unless the remodeling or reconstruction is substantially similar to the prior existing exteriors,
the architectural theme, design, color, materials, such remodeling or rebuilding shall be subject to the approvals
required under this Paragraph 1. Once initiated, all building construction must be diligently prosecuted to
completion. All fencing on Lot 1 shall remain consistent with the materials and appearance of such fencing
installed during the initial construction so long asLot Is used as a fast food restaurant.
(b) Obligation to Rebuild. In the event the improvements on Lot 1 are destroyed or
damaged by fire or other casualty, the Owner of such Lot 1 shall proceed with due diligence to repair and
rebuild such improvements in a timely manner. In the event such Owner elects not to rebuild on Lot 1 within
forty-five (45) days of such damage, then such Lot 1 shall be cleared of all debris, including the former
foundation of any building constructed thereon, and all non -paved areas shall be covered with sod or other
landscaping materials consistentwith the appearance of any other unimproved lots located within the Property,
if any.
2. Use. The types of commercial uses permitted on Lot 1 shall include a fast food restaurant with
drive through service consistent with the zoning coveringLot 1 and not otherwise prohibited herein below
3. Si na e. Owner shall have the right to maintain such building, monument, pylon and other
signs on Lot 1 permitted under applicable laws; provided, however, any freestanding signs erected by Owner
or Owner's tenant or licensee shall be located along the adjacent street within the area designated on
Exhibit "B", where indicated on the attached Exhibit "C", and elsewhere along any of the streets at its expense,
subject to Grantor's reasonable approval of design and location, taking into account Grantor's need to
minimize impairment of visibility to any development sign installed in the median of Colonel Glenn Plaza
Drive. Owner or Owner's tenant or licensee may also, at its sole cost and expense, install directional signage
either side of any approved curb cuts within Lot 1. Owner or Owner's tenant or licensee may at any time or
from time to time remove such signs or change them to reflect new designs. Owner or Owner's tenant or
licensee may use its standard colors and logo in all signage. No temporary standalone signage shall be
permitted on Lot 1 along Colonel Glenn Road or Colonel Glenn Plaza Drive followingthe initial construction
and occupancy of improvements on such Lot, which prohibition shall include, but not be limited to, the
placement of "For Lease", For Sublease", "For Sale," "Financing Provided By" or other similar signs on Lot 1
which are not intended to be permanent in nature.
2
28276.0018/2236176.3
4. Dedication of Additional Right of Way. There is shown on the Plat an additional Right of
Way Dedication Area consisting of 9,462 square feet along Colonel Glenn Road and at the intersection with
Colonel Glenn Plaza Drive, which Grantor forever donates and dedicates to the City of Little Rock, Arkansas,
effective upon the filing of the Plat to be added to and become a part of the right of way of Colonel Glenn
Road.
Lot i Building Lines. The Plat sets forth the forty foot (40') building setback on the southern
boundary along Colonel Glenn Drive and thirty foot (30') building setback on the eastern boundary along
Colonel Glenn Plaza Drivewhich will applicable toLot 1.
6. Ratification and Confirmation of Existing Easements and Dedication of Utilijy Easement. The
Plat reflects the following easements of record and the dedication of a twenty foot (20') wide utility easement,
which are hereby ratified and confirmed:
(a) Non -Exclusive Easement Agreement executed by and between Colonel Glenn
Bowman Road Development I, LLC, an Arkansas limited liability company, and LLEJ LOT I, LLC,
an Arkansas limited liability company, filed for record May 7, 2004, and filed for record as Instrument
No. 2004036910, records of Pulaski County, Arkansas.
(b) Non -Exclusive Easement Agreement executed by and between LLEJ LOT I, LLC, an
Arkansas limited liability company, and Colonel Glenn Bowman Road Development, LLC, an
Arkansas limited liabilitycompany, filed for record May 7, 2004, and filed for record as Instrument
No. 2004036915, records of Pulaski County, Arkansas.
(c) Right -of -Way Easement executed in favor ofthe Board of Commissioners, Central
Arkansas Water, filed August 4, 2006, and recorded as Instrument No. 2006061235, records of
Pulaski County, Arkansas.
(d) Right -of -Way Easement in favor of the Board of Commissioners, Central Arkansas
Water, filed August 4, 2006, and recorded as InstrumentNo. 2006061237, records of Pulaski County,
Arkansas.
(e) Right -of -Way Easement for the use and benefit of the Little Rock Sanitary Sewer
Committee, filed October 14, 2008, as Instrument No. 2008069655, correction filed October 23, 2008,
as Instrument No. 2008071391, records of Pulaski County, Arkansas.
(f) Right -of -Way Easement executed for the use and benefit of the Little Rock Sanitary
Sewer Committee, filed May 5, 2011, and recorded as Instrument No. 2011026654, records of Pulaski
County, Arkansas.
2 8276.0018/223 6176.3
(g) Right -of -Way Easement executed for the use and benefit of Entergy Arkansas, filed
April 15, 2013, and recorded as Instrument No. 2013027728, records of Pulaski County, Arkansas.
(h) Dedication Deed executed by Colonel Glenn Bowman Road Development I, LLC, an
Arkansas limited liability company, to City of Little Rock, filed February 28, 2012, and recorded as
Instrument No. 2012011337, records of Pulaski County, Arkansas and
(i) That certain twenty foot (20') wide easement located along the length of the western
boundary of Lot 1 as shown on the Plat for utilities which the Grantor 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, provided, however, that all such utilities (other than electric
power provided by Entergy or its successors) shall (unless otherwise agreed) be installed underground
at the expense of the party requesting slch utilities and at no cost to the Owner of Lot 1.
Landscaping. All landscaping shall be natural materials. All beds and other landscaped areas
that are not sodded shall be covered with rocks or bark of a natural color. No red bark or red dyed landscaping
materials shall be used on Lot 1. All on -site water detention areas shall be sodded with Zoysia grass and
natural stone. No rip rap shall be used on Lot In any detention areas.
Modifications. All negotiations and oral agreements acceptable to the Grantor have been
incorporated herein. Except as otherwise provided herein, this Bill of Assurance may not be modified in any
respect whatsoever or rescinded, in whole or in part, except by a writing executed by the Grantor until such
time as the initial use requirements in Paragraph 1 above have been satisfied.
9. Duration. Unless otherwise canceled or terminated, all of the easements reflected and created
by the Plat and described in this Bill of Assurance shall continue in perpetuity and all other rights and
obligations hereof shall automatically and be of no further force and effect ninety-nine (99) years after the date
of filing hereof.
10. Effect of Bill of Assurance. The Restrictions set forth herein shall be in addition to and not in
limitation of the covenants, restrictions and obligations affect Lot 1 set forth in that certain Declaration of
Restrictions and Covenants The Village at Brodie Creek Addition dated December20, 2012, and recorded as
Instrument 2012084291 on December 21, 2012, in the Official Records of the Pulaski County, Arkansas
Circuit/CountyClerk. Grantor shall have the right to commence any action to enforce the obligations of the fee
owner of Lot 1 under this Bill of Assurance.
4
28276.0018 /223 6176.3
11. Miscellaneous
(a) Not a Public Dedication. Except for the additional dedication of the 9,462 square feet
as part of the additional right of way of Colonel Glenn Road shown on the Plat and described in Paragraph 4
above, nothing herein contained shall be deemed to be a gift or dedication of any portion of Lot 1 to the general
public or for any public purposes whatsoever, itbeing the intention of the Owner that this Bill of Assurance
shall be strictly limited to and for thepurposes herein expressed.
(b) Severability If any term or provision of this Bill of Assurance or the application of it
to any person or circumstance shall to any extent be invalid and unenforceable, the remainder of thiBill of
Assurance or the application of such term or provision to persons or circumstances other than those as to which
it is invalid or unenforceable shall not be affected thereby, and each term and provision of this Bill of
Assurance shall be valid and shall be enforcedto the extent permitted by law.
(c) Governing Law. This Bill of Assurance shall be construed and enforced in
accordance with, and governed by, the law of the State of Arkansas.
(d) No Presumption. This Bill of Assurance shall be interpreted and construed only by
the contents hereof and there shall be no presumption or standard of construction in favor of or against any
Owner.
(e) Inurement This Bill of Assurance and the easements, covenants, benefits and
obligations created hereby shall inure to the benefit and be binding upon each owner, and their respective
successors and assigns
(f) Other Agreements. Nothing herein shall restrict an owner from imposing upon any
tenant of Lot 1 more restrictions and/or higher standards than set forth herein.
(g) Entire A reement This Bill of Assurance constitutes the entire agreement regarding
this subject matter between the Parties hereto. The Parties do not rely on any statement, promise or
representation not herein expressed, and this Bill of Assurance, once executed, delivered and filed, shall not be
modified or altered in any respect except as provided herein.
(h) No Third Party Beneficiaries. No party, other than the Owners and Grantor shall have
any rights or benefits of thisBill of Assurance.
5
2 8276.0018/223 6176.3
IN WITNESS WHEREOF, this Bill of Assurance has been executed as of the date first above
written.
LLEJ LOT I, LLC
/-�"
By: "6 ,0
Leonard Boen, Manager
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF PULASKI )
On this day, before me, a Notary Public, duly commissioned, qualified and acting, within and for said
County and State, appeared in person the within named Leonard Boen, to me personally well known, who
stated that he was the Manager of LLEJ LOT I, LLC, an Arkansas limited liability company, and that he was
duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said
limited liability company, and further stated and acknowledged that he had so signed, executed and delivered
said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of
6 12013. ram.
Notary Public
My Commission Expires:
.+A• PRICE C. GARaN£R
.;'°=^ ` Camrr1i55ion ti12389626
yam= EXPIRES: aClober 1. 2022
Pulaski Caunt
viewed crdy for :n= ;Jsion ci M-11'mtlr+ st2a &kr
regt:ired by the City .i UW- sonic scbufvisicn --GLlaticr
Bill or As:&raranca provis:cns as=t1ishc-d by -,hc
devel r msy exceed Ininir, im : Y :la=icrss
subdivision and zoning rrdirluncros_
Ci y of Li a Rnck Planning Ua�rsnlissiort
1
6
28276.0018/223 6176.3
Exhibit A-1
Legal Description for Lot 1, Village at Brodie Creek Addition
Part of the Northwest Quarter (NW/4) of Section 21, Township 1 North, Range 13 West, Little Rock,
Pulaski County, Arkansas, more particularly described as follows:
COMMENCING at the Northeast Corner of said NW/4, Section 21; THENCE North
88'01'13" West 739.76 feet; THENCE South 0103725" West 536.47 feet to the
POINT OF BEGINNING; THENCE North 67°49'09" East 215.30 feet; THENCE
Southerly along the arc of a 380.00 foot radius curve to the left, a chord bearing and
distance of South 20°21'58" East 21.59 feet; THENCE South 68000'26" West 15.32
feet; THENCE South 14°59'35" East 313.16 feet to a point on the North right-of-way
line of Colonel Glenn Road, being 25.00 feet from the center line thereof; THENCE
South 67°41'25" West along said North right-of-way line 306.96 feet; THENCE
North 01°37'25" East 363.87 feet to the Point of Beginning
NOW KNOWN as Lot 1, The Village at Brodie Creek, an addition to the City of Little Rock, Pulaski
County, State of Arkansas, according to the recorded plat thereof.
7
28276.0018/2236176.3
EXHIBIT A-2 - PLAT
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CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME —THE SHOPPES AT COL GLENN
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 Improve ents re in uncompleted and a punch list has been prepared and sent.
"4-�— Engineering Specialist Date: / 0 2 J "
ADDRESSING SPECIA IST'S REPORT
I have review d the plat and fi I that the street names and street configuration are acceptable.
Addressing Specialist Date:
TRAFFIC ENGINEER REPO
I have reviewed the plat and find that:
All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in
conformance with City requirements/standards.
Work orders have been prepared for signage and street lights.
Indicate the number of street signs ordered for this plat for billing to developer
Certain improvements remain uncompleted and a punch list has been prepared and sent.
N tir
t.••�/� Traffic Engineer Date: Ja121 /it
CIVIL ENGINEER REPORT
I 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.
All other requirements for final plat approval have been satisfied.
�....�. Civil Engineer I/II Date: ib 2i1 i
SURVEYOR'S REPORT
I have reviewed the plat and find that:
KAll requirements for final plat approval have been satisfied.
Surveyor Date:
MANAGER PPROVAL
All Civii Engineering requirpmentk for filing this final plat have been satisf d.
l
Date: fl►� /
Design Review Engineer/Civil Engineering Manager
OCT 20, 2011
C) eel
Pau; White
From: Tamara Guffey [tguffey@whitedaters.com]
Sent: Friday, October 14, 2011 11:49 AM
To: 'Bates, Joni B.'
Cc: pwhite@whitedaters.com
Subject: RE: Plat Approval - Lot 1 Shoppes at Colonel Glenn
Thanks Joni
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P. 501-821-1667
F. 501-821-1668
From: Bates, Joni B. [mailto:joni.bates@centerpointenergy.com]
Sent: Friday, October 14, 2011 11:41 AM
To: Tamara Guffey
Subject: RE: Plat Approval - Lot 1 Shoppes at Colonel Glenn
Approved
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Friday, October 14, 2011 11:03 AM
To: 'Jim Boyd'; Daniel.Tull@CArkW.com; Bates, Joni B.; 'THOMPSON, THEODIS'; 'KEATHLEY, CHRIS'
Cc: 'James, Donna'; 'Floriani, Vince'; 'Harper, Vance'; pwhite@whitedaters.com
Subject: Plat Approval - Lot 1 Shoppes at Colonel Glenn
Page 1 of 1
Attached for your review and approval is a plat copy of Lot 1, Shoppes at Colonel Glenn. The owner of
this property intends to file their plat by Wednesday, October 26, 2011. The City of Little Rock requires a
sign -off from every utility company before the plat can be recorded.
An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without delay.
Any questions may be directed to Paul White at pwhite@whitedaters.com or 821-1667. Thank you for
your timely response.
Respectfully submitted,
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P. 501-821-1667
F. 501-821-1668
10/14/2011
Page 1 of 2
Paul White
From: Tamara Guffey [tguffey@whitedaters.com]
Sent: Monday, October 17, 2011 1:44 PM
To: 'Halford, Seth'
Cc: pwhite@whitedaters.com
Subject: RE: Plat Approval - Lot 1 Shoppes at Colonel Glenn
Thank you,
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P. 501-821-1667
F. 501-821-1668
From: Halford, Seth [ma iIto: shalfor@entergy.com]
Sent: Monday, October 17, 2011 1:30 PM
To: tguffey@whitedaters.com
Cc: CEARLEY, MICHAEL D; THOMPSON, THEODIS
Subject: RE: Plat Approval - Lot 1 Shoppes at Colonel Glenn
Tamara,
I have reviewed the attached plat and see no problems with it.
Thanks,
Seth Halford
shalfor@entergy.com
(501)954-5108
9 Entergy Ct.
Little Rock, AR 72211
From: CEARLEY, MICHAEL D
Sent: Monday, October 17, 2011 1:13 PM
To: Halford, Seth
Subject: FW: Plat Approval - Lot 1 Shoppes at Colonel Glenn
I think you are dealing with them. Does this look acceptable to you?
From: THOMPSON, THEODIS
Sent: Monday, October 17, 2011 10:16 AM
To: CEARLEY, MICHAEL D
Subject: FW: Plat Approval - Lot 1 Shoppes at Colonel Glenn
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
10/ 17/2011
Page 1 of 2
Paul White
From: Tamara Gulley [tguffey@whitedaters.com]
Sent: Thursday, October 20, 2011 8:38 AM
To: Daniel.Tull@CArkW.com
Cc: pwhite@whitedaters.com
Subject: RE: Plat Approval - Lot 1 Shoppes at Colonel Glenn
Thank you
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P. 501-821-1667
F. 501-821-1668
From: Daniel.Tull@CArkW.com [mailto:Daniel.Tull@CArkW.com]
Sent: Wednesday, October 19, 2011 4:38 PM
To: Tamara Guffey
Subject: Re: Plat Approval - Lot 1 Shoppes at Colonel Glenn
CAW approved with no comments.
Thank You
Daniel Tull, Engineering Technician
Central Arkansas Water
501.377.1245
501.210.4980 (fax)
daniel.tull@carkw.com
From: "Tamara Guffey" <tguffey@whitedaters.com>
To: "'Jim Boyd"' <jim.boyd@l wu.com>, <Daniel Tull@CArkW.com>, "'Bates, Joni B."' <joni.bates@centerpointenergy.com>.
THOMPSON, THEODIS"' <TTHOMP1@entergy.com>, "'KEATHLEY, CHRIS"' <ck0826@aft.com>
Cc: "'James, Donna"' <DJames@littlerock.org>, "'Floriani, Vince"' <VFloriani@littlerock.org>, "'Harper, Vance
<VHarper@littlerock.org>, <pwhite@whitedaters.com>
Date: 10/14/2011 11:01 AM
Subject: Plat Approval - Lot 1 Shoppes at Colonel Glenn
Attached for your review and approval is a plat copy of Lot 1, Shoppes at Colonel Glenn. The owner of
this property intends to file their plat by Wednesday, October 26, 2011. The City of Little Rock requires a
sign -off from every utility company before the plat can be recorded.
An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without delay.
Any questions may be directed to Paul White at pwhite(5whitedaters.comor 821-1667. Thank you for your
timely response.
Respectfully submitted,
10/20/2011
Page 1 of 2
Paul White
From: Tamara Guffey [tguffey@whitedaters.com]
Sent: Thursday, December 06, 2012 3:20 PM
To: 'KEATHLEY, CHRIS'
Cc: 'Paul White'
Subject: RE: Final Plat Approval for Lot 1, The Shoppes at Colonel Glenn AND Lot 14, The Shoppes at Colonel
Glenn
Thanks for the quick turn around!
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
From: KEATHLEY, CHRIS [mailto:ck0826@att.com]
Sent: Thursday, December 06, 2012 2:30 PM
To: TAMARA GUFFEY
Subject: FW: Final Plat Approval for Lot 1, The Shoppes at Colonel Glenn AND Lot 14, The Shoppes at
Colonel Glenn
Importance: High
AT&T approves final plat request of Final Plat Approval for Lot 1, The Shoppes at Colonel
Glenn AND Lot 14, The Shoppes at Colonel Glenn. Thanx Chris
Chris Keathley
Lead 05P Ping & Eng Dsgn
501.373.6594 0
501.615.5823 C
From: NAZI, ALLISON V
Sent: Thursday, December 06, 2012 2:24 PM
To: KEATHLEY, CHRIS
Subject: FW: Final Plat Approval for Lot 1, The Shoppes at Colonel Glenn AND Lot 14, The Shoppes at
Colonel Glenn
Importance: High
Chris -
Please respond to Tamara.
Thanks,
Allison Naji
AT& T-Arkansas
Mgr. OSP Planning & Engineerinti Design
1111 W. Capitol, Room 465
Little Rock, AR 72201
(501)373-1168
12/6/2012