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HomeMy WebLinkAboutS-1471-D ApplicationBenson Leboeuf From: Jason Lowder <Jason.Lowder@carkw.com> Sent: Wednesday, September 21, 2022 10:41 AM To: Benson Leboeuf Subject: RE: [External] RE: [External] RE: [External] FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Central Arkansas Water approves with no comments. Respectfully, Jason Lowder, Engineering Technician 0ason.Eowder carkw.com 501-377-1245 0 JR] From: Benson Leboeuf <bleboeuf@joewhiteassociates.com> Sent: Wednesday, September 21, 2022 10:08 AM To: Jason Lowder <Jason.Lowder@carkw.com> Subject: [External] RE: [External] RE: [External] FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION [CAUTION:] This email originated from outside of the CAW. Do not click links or open attachments unless you recognize the sender and know the content is safe. See attached. Thank you, Benson LeBoeuf, PLS JOE WHITE & ASSOCIATES, INC. ! 11 l4 f:4Gl1E£RILG • Cd'Sk;LfI\G SVRI'It`FS- LAti!] SL'R► El'1\G 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office : (501) 214-9141 Website: www.ioewhiteassociates.com From: Jason Lowder <Jason.Lowder@carkw.com> Sent: Wednesday, September 21, 2022 10:05 AM 1 To: Benson Leboeuf <bleboeuf ioewhiteassociates.com> Subject: RE: [External] RE: [External] FINAL PLAT APPROVAL- LOTS 3 AND 4 CHENAL/KANIS ADDITION Please remove the 25' building setback that is in the 50' waterline easement also. Respectfully, Jason Lowder, Engineering Technician jason.lowder@carl�w.com 501-377-1245 ❑■ '.�4pm 1 From: Benson Leboeuf <bleboeuf@ioewhiteassociates.com> Sent: Wednesday, September 21, 2022 9:28 AM To: Jason Lowder <Jason.Lowder carkw.com> Subject: [External] RE: [External] FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION [CAUTIONI This email originated from outside of the CAW. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jason, I had it shown but not called out.... See attached PDF. I put a red revision cloud over the new note. let me know if this works Thank you, Benson LeBoeuf, PLS JOE WHITE & ASSOCIATESt INC. . CIV I I. FNGINEEIZENG • MNSl IM'G SERNIC N - LAND K-WEYMC, 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office : (501) 214-9141 Website: www.ioewhiteassociates.com From: Jason Lowder <Jason.Lowder@carkw.com> Sent: Wednesday, September 21, 2022 9:20 AM To: Benson Leboeuf <bleboeuf@loewhiteassociates.com>; jbates@summitutiiities.com; 1hende9 _ entergy.com; CENHRT-South Little Rock Construction comcast.com; jm41389att.com; Terrian Tyler <Terrian.Tyler@lrwra.com> Cc: Tamara Gulley<tguffey@ioewhiteassociates.com>; vhar er littlerock. ov; Smith, Christopher J. <csmith littlerock.&ov>; bdale@iowwhiteassociates.com Subject: RE: [External] FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Please make the requested revisions on the attached drawing and resubmit. Respectfully, Jason Lowder, Engineering Technician iason.lowder@carkw.com 501-377-1245 � From: Benson Leboeuf <bleboeuf moewhiteassociates.com> Sent: Tuesday, September 20, 2022 8:55 AM To: Jason Lowder <Jason.Lowder@carkw.com>; ibates summitutiIities.com; jhende9@entergy.com; CENHRT- South Little Rock Construction@comcast.com; Im4138@att.com; Terrian Tyler <Terrian.T ler Irwra.com> Cc: Tamara Gulley<tauffey@ioewhiteassociates.com>; vharper littlerock.gov; Smith, ChristopherJ. <csmith@littlerock.goy>; bdale@iowwhiteassociates.com Subject: [External] FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION [CAUTION:l This email originated from outside of the CAW. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attached for your comments and approval is the Final Plat of Lots 3 and 4, Chenal/Kanis Addition, an addition to the City of Little Rock, Pulaski County, Arkansas. Could you please review the attached plat and reply with any comments? JWA would like to file this plat by Friday, September 30, 2022. Please let me know if you have any questions Thank you for your assistance. Thank you, Benson LeBoeuf, PLS JOE WHITE & ASSOCIATES INC. . M It, F—tiGME£Rl4G • CONSLITINGs SER•'IC`ES -LAND SLK%rEy ING 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office: (501) 214-9141 Website: www.ioewhiteassociates.com Benson Leboeuf From: Terrian Tyler <Terrian.Tyler@lrwra.com> Sent: Thursday, October 27, 2022 3:46 PM To: Benson Leboeuf Cc: Les Price; Bill Terry Subject: RE: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Good afternoon, Thank you for this email. The group constructing the Taco Bel l/Whataburger has shared plans that denote a main extension which will provide sewer service to both lots mentioned. Therefore, LRWRA has no objection to this plat. Thank you, Terrian Tyler Project Engineer, Developer Funded 11 Clearwater Dr. Little Rock, AR 72204 Office: (501) 688-1431 www.Irwra.com LITTLE ROCK Water Reclamation Authark ONE ATER OME FFUTURUTUItE. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the sender. This message may contain confidential information, and is intended only for the individual named. From: Benson Leboeuf <bleboeuf@joewhiteassociates.com> Sent: Thursday, October 27, 2022 3:41 PM To: Terrian Tyler <Terrian.Tyler@lrwra.com> Cc: Les Price <les.price@Irwra.com>; Bill Terry <billt@weihe.net> Subject: RE: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Terrian, Just following up on this and seeing if everything you received will satisfy the sewer company. If so, can you please provide a letter of approval so that we can get this plat recorded. Thank you, Benson LeBoeuf, PLS JOE WHITE & ASSOCIATES, INC. CIVIL ENGINEMNG • CL►NSULTM SERVICES - LA%1) SUTATYI.\G ow 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office : (501) 214-9141 Website: www.ioewhlteassociates.com From: Terrian Tyler <Terrian.Tyler@Irwra.com> Sent: Wednesday, September 21, 2022 11:15 AM To: Benson Leboeuf <bleboeuf joewhiteassociates.com> Cc: Les Price <les.price@Irwra.com> Subject: RE: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Good morning, I hope your day is going well. After reviewing the drawing, LRWRA would like to see plans and specifications for a main extension that serves both proposed lots. Please let me know if you have any questions. Thank you, Terrian Tyler Project Engineer, Developer Funded 11 Clearwater Dr. Little Rock, AR 72204 Office: (501) 688-1431 www.Irwra.com itLITTLE ROCK Water Redamabon ,{�or"Ry �ONF-U Fk,R_ This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the sender. This message may contain confidential information, and is intended only for the individual named. From: Benson Leboeuf <bleboeuf@ioewhiteassociates.com> Sent: Tuesday, September 20, 2022 8:55 AM To: Jason. Lowder@carkw.com; ibates@summitutilities.com; ihende9@entergy.com; CENHRT- South Little Rock Construction@comcast.com; jm4138@att.com; Terrian Tyler <Terrian.Tyler@lrwra.com> Cc: Tamara Gulley<tguffev@loewhiteassociates.coin>; vharper@littlerock.gov; Smith, Christopher J. <csmith@littlerock.goy_>; bdale@iowwhiteassociates.com Subject: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Attached for your comments and approval is the Final Plat of Lots 3 and 4, Chenal/Kanis Addition, an addition to the City of Little Rock, Pulaski County, Arkansas. Could you please review the attached plat and reply with any comments? JWA would like to file this plat by Friday, September 30, 2022. Please let me know if you have any questions Thank you for your assistance. Thank you, Benson LeBoeuf, PLS J_OE WHITE & ASSOCIATE59 INC. �. C1%11.ENCINEEKING •CDX'SUI.tTNGSERVICFS- LAND St: R%'EYING 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office : (501) 214-9141 Website: www,ioewhiteassociates.com Benson Leboeuf From: Courtney Johnston <cjohnston@summitutilities.com> Sent: Tuesday, September 27, 2022 9:41 AM To: Benson Leboeuf Cc: Joni Bates Subject: RE: [EXTERNAL EMAIL] RE: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Good morning, We have reviewed these plats and found that Summit Utilities does not have conflicts with these changes. Please let this serve as our letter of approval. Thank you, Courtney Johnston Associate Engineer (m) 501.398.4157 1 www.SummitUtilitieslnc.com cjohnston@summitutilties.com From: Joni Bates <jbates@summitutilities.com> Sent: Monday, September 26, 2022 11:41 AM To: Courtney Johnston <cjohnston@summitutilities.com> Subject: FW: [EXTERNAL EMAIL] RE: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION See below Joni Bates ''. Marketing Coordinator 501-377-4558 Office 1 501-772-2134 Mobile i www.SummitUfilitieslnc.com lbates@sumniitutilities.com From: Benson Leboeuf<bleboeuf@ioewhiteassociates.com> Sent: Monday, September 26, 2022 9:16 AM To: Joni Bates <ibates summitutilities.com>; CENHRT-South little Rock Construction@comcast.com Cc: Tamara Gulley <tguffey@ioewhiteassociates.com> Subject: [EXTERNAL EMAIL] RE: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION You don't often get email from hleboeuf@iaewhiteassociates.com. Learn why this is important Clients are ready to finalize and record. Thank you, Benson LeBoeuf, PLS JOE WHITE & ASSOCIATES, INC. CIVIL ENGINE£RIhG - CON'SULTiN-G SERVICES - LAND SURVEYING 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office : (501) 214-9141 Website: www.loewhiteassociates.com From: Benson Leboeuf Sent: Tuesday, September 20, 2022 8:55 AM To: Jason.Lowder@carkw.com; (bates@summitutiiities.co_m; ihende9 entergy.com; CENHRT- South Little Rock ConstrLlction comcast.com; Im4138@att.com; Terrian Tyler <Terrianj .ler Irwra.com> Cc: Tamara Gulley <t uffe ioewhiteassociates.com>; vharper@Iittleroek.go ;Smith, ChristopherJ. <csmith Mittlerock. ov>; bdale@)Oowwhiteassociates.com Subject: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Attached for your comments and approval is the Final Plat of Lots 3 and 4, Chenal/Kanis Addition, an addition to the City of Little Rock, Pulaski County, Arkansas. Could you please review the attached plat and reply with any comments? JWA would like to file this plat by Friday, September 30, 2022. Please let me know if you have any questions Thank you for your assistance. Thank you, Benson LeBoeuf, PLS JOE WHITE & ASSOCIATESLINC. . C'111L ENUNFERING - CONSU11ING SERVICES - l AND $L R%'EY1NG 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office : (501) 214-9141 Website: www.ioewhiteassociates.com This message originated from within the company, Please do not forward it to anyone outside the company without the sender's approval. If you received this message in error, please do not read, copy, or share it. Instead, please notify the sender immediately and permanently delete all copies in your possession. III 1111111111111111111111111111111111111111111 2022076965 PRESENTED: 11-15-2022 12:50:04 PM RECORDED: 11-15-2022 12:56:32 PM In Official Records of Terri Hollingsworth Circuit/County Clerk PULASKI CO, AR FEE $40.00 Instrument Prepared By: "tIM1rriify,��� n. James Moore 688 East Millsap Road, Suite 200 Fayetteville, AR 72703 jmoore@kl-naccorp.com BILL OF ASSURANCE for CHENAL/KANIS ADDITION LOTS 3 - 6 This BILL OF ASSURANCE ("Bill ofAssurance") is executed by the K-Mac Enterprises, Inc., a corporation formed under the laws of the State of Missouri (the "Declarant") and made effective as of the Effective.Date (as defined below). RECITALS A. Declarant is the owner of the lands more particularly described on Exhibit A attached hereto and made a part hereof, shown on the plat described below as Lots 3 - 4, Chenal/Kanis Addition to the City of Little Rock, Pulaski County, Arkansas (the "Property"). Declarant hereby declares that the Property shall be held, sold and conveyed subject to the provisions of this Bill of Assurance, which shall run with the land and be binding upon all owners of real estate within the Property, their heirs, successors and assigns, and upon all other parties, heirs, successors and assigns having any right, title or interest in all or any part of the Property. B. Declarant desires to plat the Property into building areas, access easements, and utility easements, as shown on the plat filed herewith, and that the said Property be held, owned, and conveyed subject to the protective covenants herein contained, in order to enhance the value of the Property. NOW, THEREFORE, Declarant, 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 Joe White & Associates, Inc., 25 Rahling Circle, Suite A-2, Little'Rock, Arkansas, dated July 18, 2022, and bearing a Certificate of Approval executed by 8792176.1 the City of Little Rock, and showing the boundaries and dimensions of the Property now being subdivided (the "Plat"). The lands embraced in the Plat shall be forever known as "Lots 3 and 4, Chenal/Kanis Addition to the City of Little Rock, Pulaski County, Arkansas" and any and every deed of conveyance of any tract or Lot among Lot 3 or Lot 4 describing the same by the number shown on the Plat shall always be deemed a sufficient description thereof. 1. Covenants, Conditions and Restrictions. The Property platted pursuant to this Bill of Assurance and any interest therein shall be held, owned, and conveyed subject to and in conformity with this Bill of Assurance and the covenants and restrictions set forth herein, and subject to all existing easements and rights -of -way of record. 2. Definitions. The following terms and phrases used in this Bill of Assurance shall be defined as follows: (a) "City" shall mean the City of Little Rock, Arkansas. (b) "Effective Date" shall mean the date this Bill of Assurance is filed with the Recorder of Pulaski County, Arkansas. (c) "Oi,mer" shall mean and refer to any individual, person, firm, corporation, partnership, limited liability company, trust or other legal entity, or any combination thereof, whether one or more, who or that holds record fee simple title to (or upon the existence of a life estate, the holder of such estate in) all or any portion of the Property, but excluding those having such interest merely as security for the performance of an obligation. (d) "Plat" shall mean the plat described in the "NOW THEREFORE" paragraph above. 3. Utility Easements. The Plat reflects certain easements for utilities. Declarant hereby donates and dedicates the utility easements to and for the use of public utilities, without limiting the generality of the foregoing, electric power, natural gas, water, sanitary sewer, telephone, cable television, security, other communication lines, and drainage and storm sewer, with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities (the "Utility Providers") to use and occupy such easements, and to have free ingress thereto and egress therefrom for the installation, operation, maintenance, repair and replacement of such underground utility services and all improvements, including required surface improvements, necessary for such services. The filing of this Bill of Assurance and Plat for record in the office of the Circuit Clerk and Recorder of Pulaski County shall be a valid and complete delivery and dedication of the aforementioned easements subject to the limitations herein set out. In the event any structures, buildings, or similar improvements shall be built or maintained within the area of such easements, no Utility Provider shall be liable for the destruction of same in the installation, maintenance, repair, or replacement of any utility service located within the area of such easement. By virtue of these easements any Utility Provider may install and maintain facilities and equipment, excavate for such purposes and affix and maintain pipes, wires, circuits and conduits; provided, hoivever, that any Utility Provider who disturbs any improvement permitted upon the Property under this section, including, without limitation, roadways, sidewalks, curbs, landscaping, fencing, and structures of any kind, shall restore such M 8792176.1 improvements to the condition they were in prior to such disturbance. Further, the exercise of this easement must not unreasonably disturb the right of quiet enjoyment of the Property. 4. Cross Access Easement. Declarant reserves for itself, its transferees, successors and assigns, a perpetual, non-exclusive easement for the benefit of Lot 3 and Lot 4, for use by Lot 3 Owner and Lot 4 Owner and their respective tenants, employees, customers, contractors, vendors, subtenants, agents, licensees, invitees, guests, successors and assigns ("Permitted Users"), a non-exclusive, perpetual access easement (the "Chenal Access Easement") over the area labeled "ACCESS EASEMENT (THIS PLAT)" shown on the Plat (the "Chenal Access Easement Area") solely for the purpose of vehicular and pedestrian access, ingress and egress to and from each Lot from and to Chenal Parkway, subject to all easements and rights -of -way of record. Lot 3 Owner and Lot 4 Owner shall each be responsible, at its sole cost, for all maintenance, repair and replacement to keep in commercially reasonable repair and drivable condition the paved areas in the portion of the Chenal Access Easement Area located on its respective Lot, except for repair of any damage (excluding normal wear and tear) caused by the other Lot Owner or its Permitted Users, the reasonable cost of which shall be reimbursed by such Lot Owner within thirty (30) days of receipt of an invoice therefor (and if not so paid, shall bear interest at the rate of twelve percent (12%) per annum. 5. Lot 4 Access Easement. Declarant reserves for itself, its transferees, successors and assigns, a perpetual, non-exclusive easement for the benefit of Lot 4, for use by Lot 4 Owner and its Permitted Users, a non-exclusive, perpetual access easement (the "Lot 4 Access Easement") over the area labeled "INGRESS/EGRESS EASEMENT (THIS PLAT)" shown on the Plat (the "Lot 4 Access Easement Area") solely for the purpose of vehicular and pedestrian access, ingress and egress to and from Lot 4 from and to the access easement and road located along the southern boundary of Lot 3, subject to all easements and rights -of -way of record. Lot 3 Owner and Lot 4 Owner shall each be responsible for one-half the cost of all maintenance, repair and replacement to keep in commercially reasonable repair and drivable condition the paved areas and any drainage improvements in the Lot 4 Access Easement Area, except for repair of any damage (excluding normal wear and tear) caused by the other Lot Owner or its Permitted Users, the reasonable cost of which shall be reimbursed by such Lot Owner within thirty (30) days of receipt of an invoice therefor (and if not so paid, shall bear interest at the rate of twelve percent (12%) per annum 6. Setback Requirements. No enclosure or part of any building of any type or nature whatsoever shall ever be constructed, erected, placed, or maintained closer to the applicable lot line than the building setback line applicable and in effect as to eachZot as shown on the Plat, subject to any variance as may be permitted by such law. 7. Electrical Telephone and Cable TV Utilities. Electrical, telephone and cable television utility lines are or shall be located underground in utility easements and in the rights of way of streets. Connections from any improvement to the underground utility lines shall be completed at the Owner's expense and shall be underground. 8. Water and Sanitary Sewer Systems. Water and sanitary sewer lines exist underground in utility easements and the rights of way of common streets and alleys. Connections to the water and sanitary sewer lines shall be completed at the Owner's expense, including any fees and 3792176.1 assessments charged by the utility providing such service. All such connections shall comply with all applicable standards of the provider of the service, the State of Arkansas, and any other regulatory agency with jurisdiction. No private sanitary sewer systems shall be permitted. 9. Oil and Mineral Operations. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in any building site, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in the Property. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon the Property. 10. Construction Equipment. To the extent reasonably necessary, Declarant hereby grants an easement over, under and through any streets, whether public or private, and any common areas for construction equipment and any other purpose reasonably related to continued construction of any property within the Property. 11. Property Lines and Boundaries. Except as noted on the Plat, iron pins have been set on all lot corners and points of curve, and all lot dimensions shown on curves are chord distances, and all curve data as shown on the Plat filed herewith is centerline curve data. In the event of discrepancies between the dimensions or distances as shown on the Plat and actual dimensions and distances as disclosed by the established pins, the dimensions and distances shown on the Plat shall control. 12. Further Subdivision. This Bill of Assurance shall not be deemed to prohibit further subdivision of the Property, provided that any further subdivision shall be subject to Declarant's prior written approval. All further subdivisions shall be accomplished in accordance with applicable law, rules, and regulations. Declarant's right to approve the subdivision of the Property shall continue for so long as (i) Declarant owns any of the Property or (H) twenty (20) years, whichever is less. 13. Restrictions Run With Land• Right To Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns. All parties claiming by, through or under the Declarant shall be deemed to covenant with the owner of the Property hereby restricted, and its successors and assigns, to conform to and observe these covenants and restrictions. No covenant or restriction herein shall be personally binding upon any corporation, person or persons, except with respect to breaches committed during its, his or their term of holding title to said land. Declarant and its successors and assigns, and also the Owners of any portion of the Property hereby restricted, shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages and failure by any Owner to observe any of the restrictions herein. Any delay in bringing such action shall, in no event, be deemed to be a waiver of the right to do so thereafter. No waiver of any breach or failure to enforce any obligation of any agreement or provisions herein contained shall be deemed a waiver of any preceding or succeeding breach thereof or of any other agreement or provisions herein contained. The right to obtain an injunction or other equitable remedy shall be available notwithstanding the availability of an adequate remedy at law. The Owner or Owners of any of the Property against whom an enforcement action is commenced waives the right to assert the 4 8792176.1 availability of an adequate remedy at law as a defense to an injunction or other equitable remedy by accepting title to the Property or any portion thereof. 14. Modification of Restrictions. This Bill of Assurance may be amended at any time by, and only by, a written agreement signed by Owners of not less than sixty seven percent (67%) of the acreage of the Property and shall be effective upon recording in the Pulaski County, Arkansas real estate records. Rights reserved to Declarant may not be amended at any time without the specific consent of Declarant. Whenever any action described in this Bill of Assurance requires approval of Owners representing sixty seven percent (67%) or more of the net acreage of the Property, amendment of that provision shall require the same percentage vote as would be required to accomplish that action directly. 15. Attorney Fee. In any legal or equitable proceeding for the enforcement or to restrain the violation of this instrument or any provisions thereof, by reference or otherwise, the prevailing party or parties shall be entitled to attorney fees in such amount as the court finds reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not exclusive. 16. Extension. All covenants, including any amendments thereto, for which extension is not otherwise provided in this instrument shall automatically be extended for successive periods of ten (10) years each unless modified, terminated, or cancelled as provided herein. 17. Severability. Invalidation of any restriction set forth herein or any part thereof by any order, judgment, or decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions or any part thereof as set forth herein, but they shall remain in full force and effect. 18. Construction of Instrument. This Bill of Assurance shall not be construed more strictly against a party merely because that it may have been prepared by counsel for a party. The headings of various Sections in this Bill of Assurance and all exhibits and attachments hereto are for convenience only and are not to be utilized in construing the content or meaning of the substantive provisions hereof. Section and Exhibit references are to Sections of and Exhibits to this Bill of Assurance unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. The words "hereof', "herein" and "hereunder" and words of similar import when used in this Bill of Assurance and its exhibits shall, unless otherwise specifically stated, refer to this instrument as a whole and not to any particular provision of this Bill of Assurance. [SIGNATURES FOLLOW ON IMMEDIATELY SUCCEEDING PAGE] 8792176.1 EXECUTED as of 2022. DECLARANT: K-Mac Enterprises, Inc., a Missouri corporation Jas n Miller, Chief Financial Officer STATE OF ARKANSAS ) )Ss. ACKNOWLEDGMENT COUNTY OF ) On the tr - day of 60r , 2022, before me, a duly qualified and acting Notary Public, personally appeared Jason Miller, Chief Financial Officer of K-Mac Enterprises, Inc., and that s/he, being authorized so to do, executed the foregoing instrument for the purposes and consideration therein contained, by signing as such officer of K-Mac Enterprises, Inc. In witness whereof, I hereunto set my hanAanl seal. THERESA QUARSHIE&EBASTIAN N NOTARY PUBLIC — ARKANSAS My Commission Expires Sptember 14, 2028 Commission No.12704928 R 8792176.1 Moore, Monte From: Smith, Christopher J. Sent: Thursday, September 22, 2022 8:34 AM To: 'Benson Leboeuf' Cc: Tamara Guffey; Harper, Vance; bdale@jowwhiteassociates.com; Moore, Monte Subject: RE: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Benson, Since all comments by the City have been addressed, Department engineering staff recommends recording of the final plat. Coordinate with Mr. Monte Moore on final signatures and recording with Pulaski County. Regards, Christopher Smith, P.E. Design Review Manager City of Little Rock Planning and Development —Engineering 723 West Markham Street Little Rock, AR 72201 Office: (501) 371-4817 Cell: (501) 414-1848 Fax: (501) 399-3435 hftps://www.liftlerock.gov From: Benson Leboeuf <bleboeuf@joewhiteassociates.com> Sent: Thursday, September 22, 2022 8:32 AM To: Smith, Christopher J. <csmith@littlerock.gov> Cc: Tamara Guffey <tguffey@joewhiteassociates.com>; Harper, Vance <VHarper@little rock.gov>; bdale@jowwhiteassociates.com; Moore, Monte <MMoore@littlerock.gov> Subject: RE: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION CAUTION: 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. Thanks! See attached showing revised certificates. Thank you, Benson LeBoeuf, PLS JOE WHITE A ASSOCIATES, INC. {. C IVII, I N014 I.R]1(,.CU1tit1.1INC, Sk M1[}ti•IA%1)sLRkINIM, 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office: (501) 214-9141 Website: %vwwJoewhiteassociates.com From: Smith, Christopher J. Sent: Wednesday, September 21, 2022 4:46 PM To: Benson Leboeuf Cc: Tamara Guffey ; Harper, Vance ; bdaie@iowwhiteassociates.cor:-; Moore, Monte Subject: RE: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Benson, City comment on the final plat are as follows: 1. Certificate of engineering and surveying accuracy shall use the certificates as shown in City Code 31-118 htt s: Libra .municode_com ar little rock codes code of ordinances?nodeld=COOK CH31SU ARTIIPLAPREP R DIV4FIPL S31-118CE). Everything else looks good. Revise the final plat per the comment, and Department engineering staff can recommend recording of the final plat. Regards, Christopher Smith, P.E. Design Review Manager City of Little Rock Planning and Development — Engineering 723 West Markham Street Little Rock, AR 72201 Office: (501) 371-4817 Cell: (501) 414-1848 Fax: (501) 399-3435 j,, ',tps: �,vvvw.littlerock.gov/ From: Benson Leboeuf<bleboeuf@ioewhiteassociates.com> Sent: Tuesday, September 20, 2022 8:55 AM To: Jason- Lowder@carkw.com; ibates sum mitutiiities.com; ' he nde9@ e nte rgy.com; CENHRT- South Little Rock Construction@comcast.corn; im4138@att _com; Terrian Tyler <Terrian.T ler Irwra.com> Cc: Tamara Guffey<teuffey@ioewhiteassociates.com.>; Harper, Vance <VHar er iittlerock. oy>; Smith, Christopher J. <csmith@littlerock.gov>; bdale@iowwhiteassociates.com Subject: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION CAUTION: 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. Attached for your comments and approval is the Final Plat of Lots 3 and 4, Chenal/Kanis Addition, an addition to the City of Little Rock, Pulaski County, Arkansas. Could you please review the attached plat and reply with any comments? JWA would like to file this plat by Friday, September 30, 2022. Benson Leboeuf From: Sent: To: Cc: Subject: ATT APPROVES Thanks John Westbrook WESTBROOK, JOHN <jw7676@att.com> Monday, September 26, 2022 9:17 AM Benson Leboeuf; MANION, JOSEPH E Tamara Guffey RE: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAUKANIS ADDITION Manager OSP Planning & Engineering Design AT&T -Arkansas JW7676 ATT.COM M 501-658-9006 This email and any attachments are confidential AT&T property intended solely for the recipients. If you received this message in error, please notify me and immediately delete this message from your computer. Any retention, distribution or other use of this email is strictly prohibited. From: Benson Leboeuf <bleboeuf@joewhiteassociates.com> Sent: Monday, September 26, 2022 9:08 AM To: MANION, JOSEPH E <jm4138@att.com>; WESTBROOK, JOHN <jw7676@att.com> Cc: Tamara Guffey <tguffey@joewhiteassociates.com> Subject: RE: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Just following up on this final plat approval and seeing if you had time to review. Thank you, Benson LeBoeuf, PLS JOE WHITE & ASSOCIATESLINC. 1140, . CRILENGINEERING- CON SWING S£RVICFS-LANDSLMT)IN'G 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office: (501) 214-9141 Website: www.moewhiteassociates_.com From: MANION, JOSEPH E <jm4138 att.com> Sent: Tuesday, September 20, 2022 10:22 AM To: WESTBROOK, JOHN <jw7676@att.com> Cc: Tamara Guffey<tguffey@loewhiteassoc_iates.com>; Benson Leboeuf <bleboeuf ioewhiteassociates.com> Subject: FW: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Mr. Westbrook this is in Ferndale wirecenter. cTdsEPff /y%f/f 01V AT&T OSP ENGR. 501-416-5541 From: Benson Leboeuf <bleboeuf ioewhiteassociates.com> Sent: Tuesday, September 20, 2022 8:55 AM To: iason.Lowder@carkw.com; ibates @surnmitutiI fties.com; ihende9@entery cnm; CENHRT- South Little Rock Construction@comcast.com; MANION, JOSEPH E <0m4138@att_com>; Terrian Tyler <Terrian.T ler Irwra.com> Cc: Tamara Guffey <t uffe ioewhiteassociates.com>;yharper@littlerock.gov; Smith, Christopher J. <csmith(@1ittierock.gov>; bdale@iowwhiteassociates.com Subject: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Attached for your comments and approval is the Final Plat of Lots 3 and 4, Chenal/Kanis Addition, an addition to the City of Little Rock, Pulaski County, Arkansas. Could you please review the attached plat and reply with any comments? JWA would like to file this plat by Friday, September 30, 2022. Please let me know if you have any questions Thank you for your assistance. Thank you, Benson LeBoeuf, PLS JOE WHITE & ASSOCIATES9 INC. :. CI1,1L ENGINEERING • Co.4 U TIM SERVICES . LAND SURVEYING 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office : (501) 214-9141 Website: www.ioewhiteassociates_co_m Benson Leboeuf From: Smith, Christopher J. <csmith@littlerock.gov> Sent: Thursday, September 22, 2022 8:34 AM To: Benson Leboeuf Cc: Tamara Guffey; Harper, Vance; bdale@jowwhiteassociates.com; Moore, Monte Subject: RE: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Benson, Since all comments by the City have been addressed, Department engineering staff recommends recording of the final plat. Coordinate with Mr. Monte Moore on final signatures and recording with Pulaski County. Regards, Christopher Smith, P.E. Design Review Manager City of Little Rock Planning and Development — Engineering 723 West Markham Street Little Rock, AR 72201 Office: (501) 371-4817 Cell: (501) 414-1848 Fax: (501) 399-3435 https-//www.littlerock.aov/ From: Benson Leboeuf <bleboeuf@joewhiteassociates.com> Sent: Thursday, September 22, 2022 8:32 AM To: Smith, ChristopherJ. <csmith@littlerock.gov> Cc: Tamara Guffey <tguffey@joewhiteassociates.com>; Harper, Vance <VHarper@little rock.gov>; bdale@jowwhiteassociates.com; Moore, Monte <MMoore@littlerock.gov> Subject: RE: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION CAUTION: 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. Thanks! See attached showing revised certificates. Thank you, Benson LeBoeuf, PLS JOE WHITE & ASSOCIATES2 INC. 40, CIVIL ENIGINEt UNiG • CONS1,31 C SERVICES • LAND $L RVEYING 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office : (501) 214-9141 Website: www.ioewhiteassociates.com From: Smith, Christopher J. Sent: Wednesday, September 21, 2022 4:46 PM To: Benson Leboeuf Cc: Tamara Guffey ; Harper, Vance; bdale 'owwhitemociates.com; Moore, Monte Subject: RE: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Benson, City comment on the final plat are as follows: 1. Certificate of engineering and surveying accuracy shall use the certificates as shown in City Code 31-118 (https://Iibrary.municode.com/ar/little- rock codes code of ordinances?nodeld=COOR CH31SU ARTIIPLAPREP R DIV4FIPL 531-118CE). Everything else looks good. Revise the final plat per the comment, and Department engineering staff can recommend recording of the final plat. Regards, Christopher Smith, P.E. Design Review Manager City of Little Rock Planning and Development —Engineering 723 West Markham Street Little Rock, AR 72201 Office: (501) 371-4817 Cell: (501) 414-1848 Fax: (501) 399-3435 https://www.Iittlerock.govl From: Benson Leboeuf <bleboeuf 'oewhiteassociates.com> Sent: Tuesday, September 20, 2022 8:55 AM To: Jason.Lowcler@carkw.com; jbates@summitutilities.com; iheiide9 enter .com; CENHRT- South Little Rock Construction comcast.com; jm4138@att.com; Terrian Tyler <Terrian.T ler Irwra.com> Cc: Tamara Guffey <t uffe 'oewhiteassociates.com>; Harper, Vance <VHar er littlero.ck. ov>; Smith, Christopher J. <csmith@lttlerock.goy>; bdale@iowwhiteassociates.com Subject: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION CAUTION: 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. Attached for your comments and approval is the Final Plat of Lots 3 and 4, Chenal/Kanis Addition, an addition to the City of Little Rock, Pulaski County, Arkansas. Could you please review the attached plat and reply with any comments? JWA would like to file this plat by Friday, September 30, 2022. Please let me know if you have any questions Thank you for your assistance. Thank you, Benson LeBoeuf, PLS JOE WHITE & ASSOCIATES_, INC. 40 C1% IL E%,G3.NFERING. (W SLUING SERVICES • i,%tip $L RVIi'VNNG 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office : (501) 214-9141 Website: www.loewhiteassociates.com Benson Leboeuf From: Border, Michael <Michael Border@comcast.com> Sent: Tuesday, October 4, 2022 9:46 AM To: Benson Leboeuf; [CENHRT-South Little Rock Construction] Subject: RE: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Comcast has no objections to this. Thanks Mike Border Construction Specialist 2 2714 S. Shackleford Little Rock AR 72205 501-993-6529 From: Benson Leboeuf <bleboeuf@joewhiteassociates.com> Sent: Tuesday, October 4, 2022 9:36 AM To: [CENHRT-South Little Rock Construction] <CENHRT-South__Little—Rock_Construction@comcast.com> Subject: [EXTERNAL] FW: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Just following up on this request. Have you had a chance to review for comments/approval? Thank you, Benson LeBoeuf, PLS J_OE WHITE & ASSOCIATES, INC. . CI%TL ENGINEERING . CONSULTING SERVICES - LAND SURVEN I\G 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office : (501) 214-9141 Website: www.'oewhiteassociates.com From: Benson Leboeuf Sent: Tuesday, September 20, 2022 8:55 AM To: Jason. Lowder@carkw.com; 'bates summitutilities.com; ihende9@entergy.com; CENHRT- South Little Rock Construction comcast.com; Im4138@att.com; Terrian Tyler <Terrian.Tyler@Irwra.com> Cc: Tamara Gulley <t uffe ioewhiteassociates.com>; vhar er littlerock. ov; Smith, Christopher J. <csmith@littlerock.gov>; bdale@'owwhitei3ssociates.com Subject: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Attached for your comments and approval is the Final Plat of Lots 3 and 4, Chenal/Kanis Addition, an addition to the City of Little Rock, Pulaski County, Arkansas. Could you please review the attached plat and reply with any comments? JWA would like to file this plat by Friday, September 30, 2022. Please let me know if you have any questions Thank you for your assistance. Thank you, Benson LeBoeuf, PLS + JOE WHITE & ASSOCIATES INC. C I % t1 I tiC,1ti1 FRIG - CONSt:LT!\G SERVICES • LA-M) SURNTY1, 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office: (501) 214-9141 Website: www.ioevdhiinassociates.colr Benson Leboeuf From: Henderson, Jeremy <jhende9@entergy.com> Sent: Tuesday, September 20, 2022 3:15 PM To: Benson Leboeuf Subject: RE: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION Entergy has no objections to this proposal. From: Benson Leboeuf <bleboeuf@joewhiteassociates.com> Sent: Tuesday, September 20, 2022 8:55 AM To: Jason.Lowder@carkw.com; jbates@summitutilities.com; Henderson, Jeremy <jhende9@entergy.com>; CENHRT- South_Little _ Rock _Construction@comcast.com; jm4138@att.com; Terrian Tyler <Terrian.Tyler@lrwra.com> Cc: Tamara Guffey <tguffey@joewhiteassociates.com>; vharper@littlerock.gov; Smith, Christopher J. <csmith@littlerock.gov>; bdale@jowwhiteassociates.com Subject: FINAL PLAT APPROVAL - LOTS 3 AND 4 CHENAL/KANIS ADDITION You don't often get email from bleboeuf@joewhiteassociates.com. Learn why this is important Attached for your comments and approval is the Final Plat of Lots 3 and 4, Chenal/Kanis Addition, an addition to the City of Little Rock, Pulaski County, Arkansas. Could you please review the attached plat and reply with any comments? JWA would like to file this plat by Friday, September 30, 2022. Please let me know if you have any questions Thank you for your assistance. Thank you, Benson LeBoeuf, PLS JOE WHITE & ASSOCIATES INC. �. CIVIL ENGINE£RM • CONSULTINO SERVICES - LAND WRMT\G 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office : (501) 214-9141 Website: www.ioewhiteassociates.com 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. City of Little Rock Planning and Development Filing Fees UTTLE,�o �. M% PLANNING & DEVELOPMENT Date 11/4 20 22 Annexation $ Board of Adjustment $ Cond Use Permit/T UP $ Easement Abandonment $ Final Plat $ 220.00 Planned Zoning Dev $ Preliminary Plat $ Special Use Permit $ Rezoning $ Right -of -Way Abandonment $ Site Plans $ Street Name Change $ Street Name Signs Number at ea $ Public Hearing Signs Number 1 at 5 ea $ Total $ 220 File No Location Lots 3 & 4, Chenal/Kanis Addition Applicant Joe White & Assoc. By M. Moore City of Little Rock Planning and Development Filing Fees �ITTLF Ro .rare nags PLANNING & DEVELOPMENT Date 11/4 20 22 Annexation $ Board of Adjustment $ Cond Use Permit/T UP $ Easement Abandonment $ Final Plat $ 220.00 Planned Zoning Dev $ Preliminary Plat $ Special Use Permit $ Rezoning $ Right -of -Way Abandonment $ Site Plans $ Street Name Change $ Street Name Signs Number at ea $ Public Hearing Signs Number 1 at 5 ea $ Total $ 220 File No Location Lots 3 & 4, Chenal/Kanis Addition Applicant Joe White & Assoc. By M. Moore City of Little Rock Planning and Development Filing Fees Date Annexation Board of Adjustment Cond Use Permit/T UP Easement Abandonment Final Plat Planned Zoning Dev Preliminary Plat Special Use Permit Rezoning Right -of -Way Abandonment Site Plans Street Name Change Street Name Signs Number at ea Public Hearing Signs Number 1 at 5 ea 20 22 File No Location Lots 3 & 4, Chenal/Kanis Addition Applicant Joe White & Assoc. By M.Moore LITTLE qD El PLANNING & DEVELOPMENT 210.00 $ Total $ 210 F NOV 15 mo- CITY OF L11-7 LE ROCK 6WI-DING CODE